www.BensonsLife.com

BensonsLife, Inc., a Kansas corporation (" BensonsLife ") provides its registered users (individually a " User " or collectively the " Users ") with a platform on which they can upload, download and share User Content (as hereinafter defined) on its website located at www.BensonsLife.com (the " Website "). BensonsLife does not sell, license or share your User Content without your permission, and your User Content will only be available to other Users that you choose and designate in your User settings as members of your "Circle of Friends". Other registered Users of BensonsLife that you choose to grant access to your profile information and User Content (defined below) are part of your Circle on BensonsLife. In addition to offering services for the uploading, downloading and sharing of User Content on personalized web pages to your Circle, BensonsLife offers community and community discussions for User participation.

This Agreement contains legally binding terms and restrictions on your use of the Website and all of the content, applications and services offered from time to time by, on or through the Website (collectively the Website and all of its content, applications and services offered from time to time are referred to herein as the "Services"). By using the SERVICES, you agree to be legally bound by this agreement and the BensonsLife.com privacy policy, WHICH IS INCORPORATED HEREIN BY REFERENCE. this agreement contains a binding arbitration provision, which may be enforced by the parties.

Use of the Services is void where prohibited by law. By using the Services, you are representing and warranting to BensonsLife that you (1) are 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent, (2) are fully able and competent to enter into and abide by this Agreement, and (3) are in fact the person you report to BensonsLife when establishing your screen name and account and are not registering as the agent or representative of any other person, community or entity. IF YOU ARE UNDER THE AGE OF 13, YOU ARE NOT AUTHORIZED OR INTENDED TO, AND SHOULD NOT, USE AND/OR VISIT THE WEBSITE OR ESTABLISH AN ACCOUNT.

In order to become a User of the Services, you must register with BensonsLife and select a screen name and password. You agree to: (1) provide BensonsLife accurate and complete information about yourself which is required to register or maintain your User account with BensonsLife (collectively the " Registration Information "), (2) promptly notify BensonsLife of any changes to your Registration Information, (3) keep your password secure and (4) be responsible for each and every access or use of the Services with your screen name and password.

BensonsLife will only register one screen name and password per email address. BensonsLife shall have no liability or responsibility to monitor the use of the Services or uploading of any User Content on the Website under your screen name and password. You acknowledge and agree that you will be responsible for each and every access or use of the Website with your screen name and password, and that BensonsLife is authorized to accept your screen name and password as conclusive evidence that you wish to use the Website or upload any of your User Content. You agree to indemnify, defend and hold harmless BensonsLife for any losses or damages due to any use of your screen name and password by anyone but you (whether or not such use was authorized by you). You also agree to only use your screen name and password. Notify BensonsLife immediately by email to account@BensonsLife.com of any breach of security or unauthorized use of your screen name and password.

The privacy of your User Content is important to BensonsLife. For complete details about BensonsLife's Privacy Policy, click this link to the actual Policy.

BensonsLife grants to you a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services in accordance with this Agreement. You may only use the Services for the permitted uses described herein and as further limited by any BensonsLife Policies or Code of Conduct posted on the Website from time to time. All other rights in and to the Website and Services (excluding User Content (as defined below)) are retained by BensonsLife. You MAY ONLY use the Services: (1) in accordance with this Agreement, (2) for personal non-commercial purposes and (3) in accordance with all applicable laws. You MAY NOT use the Services: (1) for a purpose other than specifically authorized in this Agreement, (2) for unlawful purposes, or (3) to collect or harvest information about others for commercial or illegal purposes. If you fail to comply with any of provision of this Agreement, BensonsLife can restrict, suspend or terminate your User account. Further, BensonsLife reserves the right to restrict, suspend or terminate your User account at any time, for any or no reason, with or without prior notice and without liability.

Except for your User Content (as defined below) or the User Content of any other registered User, all content, applications and information on the Website, including, without limitation, the text, software (including the source and object code), graphics, videos, photographs, logos, trademarks, service marks and music are owned or licensed for use by BensonsLife unless otherwise indicated. All rights are reserved by BensonsLife, and except for your own User Content that you legally post on the Website, no content, applications or information from the Website or Services may be modified, copied, distributed, reproduced, downloaded, disseminated, republished, transferred or sold in any form or by any means, except as permitted by this Agreement or with the prior specific written consent of BensonsLife in each instance. Copyright infringement is a violation of federal law subject to criminal and civil penalties.

Uploading and Sharing Your User Content. Subject to this Agreement, you and other registered Users of the Services are permitted to upload personal profile information (i.e. your birthday, hometown, etc.), photographs, videos, content, text and other information (collectively referred to as the " User Content ") to the Website, and the Website will host, display and share the User Content with those other registered Users that you choose and designate. Only members of your Circle will have access to your personal page(s), and you have the ability to add or remove friends and family from your Circle at any time. In your account and privacy settings, you will have the ability to choose which User Content is shared with your Circle. Any User invited by you and admitted to your Circle will see and communicate with you by your registered and real name (i.e. Jane Smith), and your personal profile information, pictures, comments and any other User Content on your personal page(s). In addition to sharing your personal page(s) with your Circle, you will have the ability to participate with other registered Users of the Services in community discussions to the extent that the other Users belong to the community. If you choose to participate in any community discussions, then all information and content you post to the community will be available to all other registered BensonsLife Users who belong to that community. Communities can be private (meaning a User can only join if he or she is part of a current community member's Circle of Friends) or public (meaning community participation is open to all registered Users of BensonsLife). Participation in communities is purely voluntary, and you can join or terminate your involvement in a community at any time. When you participate in any community discussions, other Users will see and communicate with you by your screen name (i.e. JanetheMom) in public communities and your registered and real name (i.e. Jane Smith) in private communities, and they will only see the User Content you upload to any community page(s). You will also be able to invite those Users in your Circle to events, and other Users will be able to invite you if you are part of their Circle. Event information is only shared with those who are invited to the event, and you will communicate with other invitees with your registered and real name (i.e. Jane Smith).

Your User Content will only be shared by BensonsLife with those other registered users you INVITE AND ADMIT into your Circle; provided, however, that if you post any user content on a community or community discussion on the website, then that user content will be available to all other BensonsLife registered users who have joined that community. YOU HAVE THE ABILITY TO ADD OR DELETE USERS FROM YOUR CIRCLE OF FRIENDS AT ANY TIME. IN ADDITION, YOU CAN CHANGE OR REMOVE YOUR USER CONTENT that will be shared with your Circle IN YOUR ACCOUNT AND PRIVACY SETTINGS AT ANY TIME. IN ADDITION, YOU CAN REMOVE ANY OF YOUR USER CONTENT OR POSTINGS FROM A GROUP PAGE. Notwithstanding the foregoing or any other provision of this Agreement, BensonsLife may share your User Content to the extent BensonsLife in good faith determines such disclosure is required by applicable law, regulation or an order of a governmental body.

Your Responsibility for and Representations Regarding User Content; Prohibited Material. You are solely responsible for your User Content and its use on the Website. You solely bear the cost and expense for creating backup copies and replacing any User Content you post or store on the Website. You acknowledge that BensonsLife PROHIBITS the use or uploading of any material that infringes on any patent, trademark, service mark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or intellectual property or proprietary right of any other person, business or entity. By uploading User Content to the Website, you are representing to BensonsLife that you own all proprietary and intellectual property rights, including, without limitation, copyright rights, in and to that User Content or have the right to use that User Content when it is uploaded. If User Content contains images of people or persons, you represent to BensonsLife that you have obtained permission or consent from all required parties that permits the expected use of the User Content when uploaded to the Website. You are responsible for the accuracy, completeness and quality of all User Content and agree to use the Services only for non-commercial and lawful purposes.

Code of Conduct; Prohibited Uses of the Website and Services. You are PROHIBITED from:

• uploading to or sharing via the Services any personally
identifiable information (i.e. addresses, phone numbers, email addresses, social security numbers or credit card numbers) about any other person, specifically including, without limitation, information regarding children under the age of 13;
• using automated scripts to collect information from or otherwise
interact and communicate with the Website or Services;
• soliciting personally identifiable information from anyone for
unlawful or commercial purposes or for any reason at all from anyone under the age of 18;
• uploading to or sharing via the Services any unlawful, harmful,
threatening, abusive, inflammatory, harassing, hateful, defamatory, obscene, lewd, lascivious, filthy, vulgar, false, misleading, fraudulent, excessively violent, pornographic or racially or ethnically offensive material, or material that participates in, facilitates or encourages criminal conduct, gives rise to civil liability or otherwise violates any applicable local, state, federal or international law;
• using the User account of another registered User or impersonating another person, business or entity;
• providing inaccurate Registration Information (as defined above)
• spamming others, sending junk mail or unsolicited advertising;
• spreading viruses by or through the Services; or
• using the Services in a manner which could damage, disable, overburden or impair the Website or Services.

You should review BensonsLife's Code of Conduct from time to time for further limitations on your use of the Services.

BensonsLife Is Not Required to Screen or Monitor User Content; Flagging Inappropriate User Content of Other Registered Users. BensonsLife does not and cannot review all User Content and is not responsible for the content, accuracy, completeness, quality, or consequences of your uploading any User Content or viewing or accessing the User Content of another registered User. The inclusion of any User Content of another registered User on the Website does not imply that BensonsLife endorses or has reviewed or censored such content. Accordingly, use of any User Content (including, without limitation, any guidance or advice posted by another User in a community discussion) is voluntary, and reliance on it is at your own risk and should be undertaken only after an independent review of the accuracy, completeness, timeliness and quality of such User Content.

Notwithstanding the foregoing, BensonsLife reserves the right, without User consent, to remove, refuse to accept or edit all User Content that it determines, in its sole discretion, violates or may violate any provision of this Agreement or any of its other Policies or Code of Conduct, the intellectual or proprietary rights of any other person, business or entity, or is otherwise unacceptable to BensonsLife for any reason whatsoever. To the extent that you think any User Content of another User is in violation of this Agreement, any BensonsLife Policies or otherwise inappropriate for the Website, you are asked to flag such User Content for the review of BensonsLife; provided, however, that BensonsLife has no obligation or duty to view or remove such flagged User Content unless it determines such actions are appropriate in its sole and absolute discretion.

Retained Ownership of Your User Content; Grant of Limited License to BensonsLife to Operate the Website and Services. BensonsLife does not claim any ownership rights in any of your User Content. After uploading your User Content, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose aside from use on the Website and with respect to the Services. You can remove your User Content at any time. By uploading your User Content on the Website, you hereby grant to BensonsLife a perpetual, non-exclusive, royalty-free, sublicensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and share such User Content in order for BensonsLife to administer and provide the Services to you and other registered Users, as well as to promote the Website; provided that BensonsLife is only allowed to share your User Content in compliance with this Agreement. Please note that without this license BensonsLife could not offer you or any other registered User any of the Website's Services and that this license is for the limited purpose of administering the Services and promoting the Website. The license you provide to BensonsLife is (1) non-exclusive so you can license your User Contents to anyone else; (2) royalty-free so BensonsLife is not required to pay you for its use of User Content pursuant to this Agreement, (3) sublicensable so that BensonsLife is able to use its affiliates and authorized vendors to provide services necessary for the operation of the Website and Services, and (4) worldwide. this limited license does not grant BensonsLife the right to sell, SHARE OR USE your User Content other than AS PROVIDED IN THIS AGREEMENT.

Use of Your User Content by Other Authorized Registered Users. In addition to granting BensonsLife the limited license described above, by uploading your User Content on the Website, you hereby grant to each registered User of BensonsLife, which you have authorized to view your User Content as a member of your Circle or to all registered Users in the event you post User Content in a community or event setting, a non-exclusive, non-transferable license to access your User Content through the Services, and to use, perform and display such User Content as permitted through the functionality of the Website, Services and subject to this Agreement; provided, however, that such registered Users may only use the User Content for personal use and not for commercial purposes. Further, by downloading any User Content from the Website, each User is agreeing to use the User Content in compliance with this Agreement and all applicable laws.

User Disputes. You are solely responsible for your communications and interactions with other registered Users of the Services. BensonsLife reserves the right, but has no duty or obligation to monitor disputes between its Users. BensonsLife is not liable for any loss or damage resulting from disputes, communications or interactions between its Users.

BensonsLife Rights to Use Your Submissions or Questions. You acknowledge and agree that any of your questions, comments, concerns, suggestions, ideas or feedback about the Website or the Services submitted to BensonsLife (collectively your "Comments") will be public information that can be shared by BensonsLife on its Website, including, without limitation as part of the Website's "Frequently Asked Questions" page. Further, you assign to BensonsLife for no compensation any and all ownership or intellectual property rights to any of the Comments for use by BensonsLife for any purpose, including commercial purposes. You also agree to allow BensonsLife to use your screen name and User Content for marketing purposes at no cost to BensonsLife in the event that BensonsLife obtains your prior consent.

BensonsLife respects the rights of all copyright holders and accordingly has adopted a policy that provides for the removal of User Content that infringes upon the rights of copyright holders as further described below.

The Copyright Agent for notice of claims of copyright infringement on or regarding the Website can be reached by sending an email to the BensonsLife Copyright Agent at copyright@BensonsLife.com or in writing to 20105 Metcalf Avenue, Bucyrus, KS 66013.

If you believe that your protected work has been copied in a way that constitutes copyright infringement, please provide BensonsLife's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(3) Identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(5) A statement that the complaining party has a good faith belief that use of the User Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To learn more, see 17 U.S.C. § 512.

Once you provide BensonsLife with an adequate notice as further described above, BensonsLife will take reasonable steps to promptly notify the user of the alleged infringement. If the user does not believe it has infringed your copyrights, then the user may provide BensonsLife with a counter notification containing the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act:

(1) The user's physical or electronic signature;

(2) Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the user has a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification.

(4) The user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the user's address is located, or if the user's address is outside of the United States, for any judicial district in which BensonsLife may be found, and that the user will accept service of process from the person who provided notification of the alleged infringement.

In the event that BensonsLife receives a counter notification in compliance with the above requirements, it will provide you with a copy of the counter notification and inform you that BensonsLife will replace the removed material in 10 business days from the date of the counter notification unless BensonsLife first receives notice from you that you have filed an action seeking a court order to restrain the user from engaging in the allegedly infringing activity of uploading the User Content to the Website.

BensonsLife is authorized to and will terminate your screen name and password in the event that you are determined to be a repeat infringer. PLEASE NOTE THAT BensonsLife INTENDS TO COMPLY WITH ALL PROVISIONS OF THE Digital Millennium Copyright Act BUT WILL NOT TAKE ANY RESPONSIBILITY FOR POLICING AND REMOVING USER CONTENT UNLESS BensonsLife POSSESSES ACTUAL OR APPARENT KNOWLEDGE OF INFRINGEMENT OR IS NOTIFIED AS DISCUSSED ABOVE.

THE WEBSITE AND SERVICES MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, INCLUDING NON-INFRINGEMENT OF PATENTS, COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF OTHERS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BensonsLife DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY OF THE WEBSITE AND SERVICES OR THAT THEY WILL SATISFY YOUR NEEDS.

FURTHER, YOU ACKNOWLEDGE THAT BENSONSLIFE AND ITS WEBSITE HAVE NO DUTY OR OBLIGATION TO ARCHIVE, MAINTAIN OR PROVIDE YOU A COPY OF ANY USER CONTENT AND THAT IT IS YOUR SOLE OBLIGATION TO RETAIN AND KEEP COPIES OF ANY USER CONTENT IN THE EVENT THAT IT IS NO LONGER AVAILABLE ON THE WEBSITE FOR WHATEVER REASON.

BensonsLife, INC., A KANSAS CORPORATION AND ITS STOCKHOLDERS, DIRECTORS, officers, employees and agents shall not be liable to you or any other person for any indirect, incidental, special or consequential damages whatsoever THAT YOU OR ANY OTHER PERSON SUFFERS OR INCURS at any time, including but not limited to loss of revenue or profit, lost or damaged data or other commercial or economic loss RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN the services, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the services, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF BensonsLife's SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the WEBSITE BY ANY THIRD PARTY, (6) ANY ERRORS, OMISSIONS or inaccuracies IN ANY services OR (7) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR UPLOADING, DOWNLOADING OR OTHER USE OF ANY user CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, even if BensonsLife has been advised of the possibility of such damages or they are foreseeable. THE LIMITATIONS ON LIABILITY under this paragraph will survive termination of this Agreement FOR ANY REASON AND BE ENFORCED TO THE FULLEST EXTENT ALLOWED BY LAW. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, BENSONSLIFE'S LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CAUSE OF ACTION WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAID BENSONSLIFE, IF ANY, FOR THE SERVICES.

You hereby agree to indemnify, defend and hold harmless BensonsLife, Inc., and its stockholders, directors, officers, employees and agents from and against any and all causes of action, claims, costs, damages, losses and expenses, including, without limitation, reasonable attorneys' fees, arising from or as a result of (1) your breach of any provision of this Agreement, including, without limitation, your breach of representation, warranty, covenant or obligation under this Agreement, specifically including, without limitation, your breach as a result of your infringement, misuse or misappropriation of any patent, copyright, trademark, trade name, service mark, trade secret, right to privacy, right to publicity, or any other intellectual property or proprietary right of another person, business or entity or (2) any claim that your use of the Website or Services, including, without limitation, any of your User Content, caused damage to another person, business or entity for any reason whatsoever. Your indemnification obligations under this paragraph will survive termination of this Agreement for any reason.

If BensonsLife prevails against you, in whole or in part, in any action to enforce the provisions of this Agreement, whether for injunctive relief or damages or both, then in addition to all other damages or relief, BensonsLife shall be also entitled to recover from you the costs and expenses incurred in the successful pursuit of such action or portion thereof, including reasonable attorneys' fees.

The Website may contain links to third party websites. The links are for convenience purposes only, and the inclusion does not imply that BensonsLife endorses or has reviewed or censored the content or services on these websites. Such external websites contain information, goods and services created, published, maintained or otherwise posted by third parties independent of BensonsLife. BensonsLife does not guarantee the accuracy, completeness, timeliness or quality of information, goods and services available from other websites. Use of any information or services from other websites is voluntary, and reliance on it should be undertaken only after an independent review of the accuracy, completeness, timeliness and quality and the terms and conditions of the use and privacy policies and practices of such websites.

BensonsLife shall not be liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by, or in connection with, the use of, or the reliance upon, any information, content, goods or services available on or through any third party websites. BensonsLife DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BensonsLife WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THESE LIMITATIONS ON WARRANTIES AND LIABILITY will survive termination of YOUR USE OF THE SERVICES for any reason.

Except as otherwise provided herein, the rights and licenses granted to you under this Agreement shall continue for as long as you use the Services; provided, however, it will terminate if you fail to comply with any of provision of this Agreement. BensonsLife reserves the right, in its sole discretion, to restrict, suspend or terminate your access to and use of all or any part of the Services at any time, for any or no reason, with or without prior notice and without liability. Upon termination of your grant of rights or licenses hereunder for any reason, you will immediately cease using the Services, and BensonsLife may terminate your User account, screen name and password, delete your profile and any of your User Content and disallow you access to any of your User Content. All disclaimers of warranties, limitations of liability, indemnification provisions and dispute resolution provisions, and any other provisions which by their nature would be deemed to survive, shall survive termination of this Agreement for any reason.

The Website shall be deemed solely based in Kansas, and the Website shall be deemed a passive website that does not give rise to personal jurisdiction over BensonsLife or its owner or affiliates. The Website and Services are controlled and offered by BensonsLife, Inc. from its facilities in the USA. BensonsLife makes no representations that it is appropriate or available for use in other locations. Those who use the Services from other jurisdictions do so voluntary and are responsible for compliance with all applicable local and international laws. Your agreement to be bound by this Agreement is deemed to have been entered into in the State of Kansas and will governed by the laws of the State of Kansas, USA, without giving effect to its choice of laws provisions. Any cause of action or other resolution of any dispute hereunder shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Johnson County, Kansas, USA.

Any dispute, controversy or claim arising out of or relating to this Agreement, or any breach or threatened breach of this Agreement, except as set forth below, shall be decided and settled by binding arbitration in accordance with Title 9 of the U.S. Code (United States Arbitration Act) and the Commercial Arbitration Rules of the American Arbitration Association then in effect, subject to the limitations and restrictions set forth below. The place of arbitration shall be Kansas City, Kansas. Notice of a demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. Notice of such demand shall be made promptly after such claim or dispute arises and in no event may the demand for arbitration be made if institution of legal or equitable proceedings arising out of such claims or dispute would be barred by the applicable statute of limitations. The arbitrator(s) shall have the discretion to order a pre-hearing exchange of information by the parties, including, without limitation, production of requested documents, exchange of summaries of testimony of proposed witnesses, and examination by depositions of parties. In the event that the arbitrator(s) find that any provision of this Agreement is vague or ambiguous, the parties agree that the arbitrator(s) shall construe such provision in accordance with the intent of the parties as determined by the arbitrator(s); and the arbitrator(s) shall not disregard or eliminate any such provision. Notwithstanding any contrary provision contained herein, any party may in his, her or its sole discretion file an action with a court seeking equitable or injunctive relief to maintain the status quo until such time as the arbitration award is rendered or the controversy is otherwise resolved. Each of the parties further agrees that, in addition to all other remedies, the arbitrator(s) shall be empowered to enforce this Agreement by specific performance, injunction or other equitable remedy. If an injunction or other equitable remedy is granted, the injured party hereby waives any right to require a bond, and if such a bond is required by law and may not be waived, hereby consents to the lowest bond amount allowed by law. The award rendered by the arbitrator(s) may be entered and enforced in any court having competent jurisdiction. Nothing contained herein shall apply to any claims between the parties arising out of proceedings, actions or claims filed by third parties, including but not limited to the parties' respective rights for indemnification or contribution.

This Agreement, the Privacy Policy and any other Policies, Codes of Conduct or legal provisions posted on the Website constitute the complete agreement between the parties with respect to your use of the Services. BensonsLife may amend this Agreement from time to time. The amendments will be effective immediately upon posting the changes to the Website. By using the Services after any and all amendments, you agree to be bound by the amendments to this Agreement. You should review this Agreement, the Terms and Conditions and Privacy Policy posted on the Website and any other policy posted on the Website from time to time to ensure that your use of the Services is in compliance therewith. IF YOU DO NOT AGREE TO ANY AMENDMENT TO THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE USE OF THE SERVICES AND TERMINATE YOUR USER ACCOUNT.

You may not assign, sublicense or otherwise transfer any of the rights and licenses granted to you hereunder, but BensonsLife may assign this Agreement without your consent to any other party.

If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not effect any other provision hereof and such other provisions shall be interpreted and construed as if the invalid, illegal or unenforceable provisions had never been contained herein. BensonsLife's waiver of any condition or covenant of this Agreement, or its failure to exercise a right or remedy available to it, shall not constitute a further waiver of the same or any other condition, covenant, right or remedy.

BensonsLife shall not be liable for failure to deliver or delay in performance where such failure to deliver or delay is due, in whole or in part, to any cause beyond BensonsLife's reasonable control. Further, BensonsLife will not have any liability for any loss caused by any interruption of telecommunications, utility, Internet hosting services or network provider services, software viruses, any software or technology designed to disrupt or delay the Services, act of God, strike or other labor shortage or disturbance, fire, accident, war, terrorist act or civil disturbance, failure of normal sources of supply, act of government or any other cause beyond the reasonable control of BensonsLife. In the event of such delay, the time for performance shall be extended by a period of time reasonably necessary to overcome the effect of the delay.