Terms & Conditions

Terms and Conditions

Welcome to the Benztown Branding USA, LLC (“Benztown”, “we”, “us” or “our”) websites located at www.benztown.com and www.benztownbranding.com (collectively, the “Sites”). The following terms and conditions (“Terms”) govern your use of these Sites.

By accessing, viewing, or using the content, information, files, documents, text, photographs, images, audio, video, products, services, and any other material made available on or through the Sites (collectively, the “Services”), you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our Privacy Policy each of which is incorporated by reference as if fully set forth herein.

You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Sites or any Services signifies that you fully accept and agree to these Terms.

BINDING ARBITRATION

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BENZTOWN MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BENZTOWN TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 15 (“DISPUTE RESOLUTION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH BENZTOWN.

• 1. Registration

  In order to access certain Services on the Sites, you may be asked to register and create an account. You may be required to provide Benztown with certain information about yourself including some types of personally identifying information such as your email address and your location. It is your responsibility to maintain the currency, completeness and accuracy of your personal information. If you provide any information that is, or that Benztown has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Benztown has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).

   

  You are the sole authorized user of any account you create through the Sites and are solely and fully responsible for all activities that occur under your account. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity.

  You are fully responsible for maintaining the confidentiality of your password. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at mail@benztown.com. Benztown will not be held responsible or liable for any losses, damages, liability, expenses, and fees incurred by Benztown or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

  You may terminate your account at any time by contacting us at mail@benztown.com

• 2. License

  Subject to your compliance with these Terms, Benztown grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Sites to access and use the Services. The Sites and any part of it, including the Services, may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Benztown.

  You must not and must not permit any third party to:

  • employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Services;
  • alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Sites or any Services appearing on the Sites;
  • copy or adapt the object code of the Sites or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Sites or Services, or circumvent or attempt to circumvent or copy any copy protection mechanism pertaining to the Sites or Services other than your User Content.

  In the event of unauthorized use of the Sites or Services, Benztown shall be entitled to an injunction without the posting of a bond in addition to any other remedies available at law or in equity.

• 3. Proprietary Rights

  The Site, and the Services are the property of us or our licensors, as applicable. The Site and Services are protected by United States and international copyright and trademark laws. The Services may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

• 4. Fees

  Except where otherwise provided, access to and use of these Sites and the Services are currently available without charge. Benztown reserves the right to charge a fee for access to or use of these Sites and the Services at any time in the future. Your access to or use of the Sites before such time does not entitle you to use of the Sites without charge in the future.

• 5. User Content

  The Sites may allow you to contribute content, material, information or other communication including any audio, musical works, videos, comments, data, images, sounds, text or the like (“User Content”). As between you and Benztown, you own such User Content and grant Benztown a worldwide, perpetual, non-terminable, irrevocable, nonexclusive, transferrable and sublicensable right to access, use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Site and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented, without any further consent, notice or compensation to you or others. You further grant Benztown a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content. For the avoidance of doubt, the rights granted in this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner, a musical work copyright owner, a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.

  By providing us with User Content, you represent and warrant that you have you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to provide the User Content to us and that the User Content will not:

  • infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person. Any unauthorized use of copyright protected material within your User Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third-party rights and is strictly prohibited.;
  • violate any applicable law, statute, ordinance, or regulation;
  • be defamatory, libelous or trade libelous, unlawfully threatening, unlawfully harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate or objectionable;
  • impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative, or constitutes a “bait and switch”;
  • be obscene, lewd, pornographic, or indecent;
  • violate any community or Internet standard;
  • constitute material that is malicious or destructive in nature or contain any viruses, Trojan horses, worms, time bombs, cancelbots, malware, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information, or that facilitate or enable such or that are intended to do any of the foregoing;
  • constitute misappropriation of any trade secret or know-how; or
  • constitute disclosure of any confidential information owned by any third party.

  Failure to comply with these Terms, or with any of Benztown’s published policies, may result in immediate removal of any User Content. Benztown also reserves the right, but has no obligation, to refuse to post, block or remove User Content from the Sites for any reason in our sole discretion. Benztown may terminate your access to or use of the Sites to prevent further posting or distribution of User Content.

  We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Sites. By using the Sites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Benztown or any of its successors, assigns, employees, agents, directors, officers or shareholders. You are solely responsible for all User Content that you upload, post or distribute to, on or through the Sites, and to the extent permissible by law, Benztown excludes all liability with respect to all User Content and the activities of its users with respect thereto.

• 6. AI Voice Generator

  Among other Services, we provide an AI voice generator through our third-party service providers (e.g., ElevenLabs) that allows you to synthesize voice recordings that sound like one or more generic speakers by typing or verbally stating words (“Cloned Voice”). Our third party service providers may use recordings of words you speak for the Cloned Voice to train their software and models and synthesize and otherwise use their voice for the purposes of synthesizing speech. If you use the Cloned Voice service, you grant us and our third party service providers the rights, and license to use the voice recordings for such purposes.

  Additionally, by uploading text or voice recordings to the Cloned Voice Service, you confirm that you are the creator and owner of the text or voice recordings or you have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your Submitted Files to provide the Cloned Voice Service.

• 7. DMCA

  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Sites infringe your copyright, you (or your agent) may send Benztown a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

   

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
  3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Benztown to locate the material on the Sites;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material 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.

   

  If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Benztown a counter-notice.

  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Sites should be sent to mail@benztown.com.

• 8. Unauthorized Activities

  You are prohibited from violating or attempting to violate the security of the Sites, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Sites or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  You agree that you will not use the Sites:

  • in any way that violates any applicable laws, statutes, ordinances, or regulations (including import, export and copyright laws);
  • modifying, adapting or hacking into the Sites or for modifying another website so as to falsely imply that it is associated with Benztown;
  • to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
  • in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites;
  • uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages
  • contacting any other user of the Sites who has requested not to be contacted;
  • stalking or harassing anyone;
  • posting non-local or otherwise irrelevant User Content (as defined below) or otherwise imposing an unreasonable or excessively great amount of User Content on the Sites; or
  • attempting to gain unauthorized access to Benztown’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Sites or any Services provided through the Sites, including by using any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the materials on the Sites, using any manual process to monitor or copy any of the materials on the Sites or for any other unauthorized purpose without our prior written consent, and using any device, software or routine that interferes with the proper working of the Site.

• 9. Third party website and content

  The Sites are available for informational, non-commercial purposes only. Parties other than Benztown may provide products, services, data or content on the Sites. Additionally, the Sites may contain links to other Internet websites or online services for the convenience of users in locating information, products, or services that may be of interest. Use of the Sites and the Services is entirely at your own risk. Benztown does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website or online service is at your own risk, and subject to the terms and conditions and privacy policies of such other websites or online services. Benztown does not control or endorse and is not responsible for any product, service, or treatment provided on a third-party website or online service or advertised on the Sites or the privacy practices of such third parties.

• 10. Privacy Policy

  Any personal information that you provide to Benztown on the Sites is subject to our Privacy Policy. For more information, click here to view the Privacy Policy which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to Benztown via the Sites or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.

• 11. Disclaimer

  Benztown is not responsible for and do not guarantee the accuracy or completeness of any Services, User Content, or other items contained within the Sites. Benztown reserves the right to immediately remove any Services or User Content for any reason or for no reason. Benztown cannot and does not review all communications or Services made available on or through the Sites, but, although not obligated to, may review, verify, make changes to or remove any User Content, Service, the Sites, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of the Sites, Services or User Content and that you may not rely on such Sites, Services, or User Content.

  THE SITES, USER CONTENT, SERVICES, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES ARE MADE PROVIDED ON “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENZTOWN AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITES, THE USER CONTENT, THE SERVICES, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITES, AND THE SERVICES AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, IS WITH YOU.

• 12. Liability

  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENZTOWN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES, THE USER CONTENT, THE SERVICES AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR BENZTOWN HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BENZTOWN AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITES, USER CONTENT, THE SERVICES OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF BENZTOWN AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).

   

  If you are dissatisfied with the Sites, or with any of these Terms, or feel Benztown has breached these Terms, your sole and exclusive remedy is to discontinue using the Sites.

• 13. Indemnification

  You shall indemnify and defend Benztown and our directors, officers, employees, agents, contractors and licensors (“Benztown Indemnitees”) from and against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with your User Content, the Sites and your use of the Sites, Services, or other materials on, in and made available through the Sites obtained through the Sites, your fraud, violation of law, negligence, willful misconduct, or any other use of the Sites, the User Content, information and other materials on, in and made available through the Sites, (except to the extent attributable to Benztown), or any breach by you of these Terms and shall indemnify and hold Benztown Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Benztown. Benztown or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Benztown or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Benztown, subject to the right of Benztown to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

• 14. Changes to these terms; Termination

  You understand that Benztown may make changes to these Terms from time to time. Your continued use of the Sites following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Benztown will make a new copy of the Terms of Use available on the Sites. You agree that Benztown is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes. The last updated date of these Terms is set forth at the top of this webpage. Benztown may suspend or terminate your account and/or your ability to use the Sites or any Services for failure to comply with these Terms, for providing Benztown with untrue or inaccurate information about yourself, for infringement upon Benztown proprietary rights, or for any other reason whatsoever or for no reason.

• 15. Dispute Resolution.

  Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms or the Sites, including the Services, shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”), rather than in court, except that you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this agreement to arbitrate. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in Los Angeles, California, unless Benztown elects otherwise.

   

   

  At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to 100 West Broadway, Suite 200, Glendale CA 91210 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period.

  The arbitration will be conducted by AAA under its applicable rules unless otherwise stated herein. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

  You and we also agree to delegate the issue of arbitrability to a court of competent jurisdiction, rather than to the arbitrator.

  If you are a prevailing party, you may seek reimbursement of your fees and costs. However, we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel.

  You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that AAA shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise AAA, and AAA shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process. The Administrative Arbitrator’s fees shall be paid by us.  This agreement to arbitrate will survive termination of the Terms.

  Enforceability. If this agreement to arbitrate is invalidated in whole or in part, by either a court or by AAA (or another chose arbitral forum), then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court. The parties agree that the exclusive jurisdiction in Section 16 (“Governing Law”) shall govern the claim.

  Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

  Class Action Waiver. Regardless of arbitrability, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

   

• 16. Governing Law.

  These Terms shall be governed by the laws of California without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the State of California to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under Section 15 (“Dispute Resolution”).

   

• 17. Miscellaneous

  These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Benztown and govern your use of the Sites, Services and any transactions you may have with Benztown through the Sites and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Benztown in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Sites conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

  You agree that if Benztown does not exercise or enforce any legal right or remedy which is contained in these Terms , this will not be taken to be a formal waiver of Benztown’s rights and that those rights or remedies will still be available to Benztown. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

  The Sites are controlled and operated from within the United States. Without limiting anything else, Benztown makes no representation that the Sites, Services, information or other materials available on, in, or through the Sites is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Sites from other locations do so on their own volition and are responsible for compliance with applicable laws.

  You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Sites and Services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.

  We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any of your User Content, block your access to the Sites, block IP addresses.

  Dated: February 26, 2024

  Copyright © 2024 Benztown Branding, LLC; All rights reserved.