SMS Policy

Benztown SMS Policy

Text Benztown at 818-842-4600 for information regarding our services. By texting Benztown at 818-842-4600, you agree to receive customer care messages from Benztown. Reply STOP to opt-out; Reply HELP for support; Message & data rates may apply; Messaging frequency may vary. Visit https://benztown.com/SMS#privacy-policy to see our privacy policy and https://benztown.com/SMS#Terms-and-Conditions for our Terms of Service.

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.

Message and data rates may apply. To opt out at any time, text STOP. For assistance, text HELP or visit our website at benztown.com. Visit https://benztown.com/SMS-policy/#privacy-policy for privacy policy and https://benztown.com/SMS#Terms-and-Conditions for Terms of Service.

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.

Privacy Policy

Your privacy is a priority for Benztown websites, operated by Benztown Branding, LLC
(sometimes referred to as “Benztown,” “us,” or “we”), located at www.benztown.com and www.benztownbranding.com
(collectively, the “Site”), and we want you to be familiar with how we collect, use, and disclose
information relating to you, your computer, or your device and that enable your identification
(“Personal Information”). This Privacy Statement describes our practices with information that we
(or our service providers) collect from a user (sometimes referred to as “you” or “your”) through our
websites that link to this Privacy Statement. This Privacy Statement only addresses information collected
directly through or from our Site – it does not address or govern any information-gathering, use, or
dissemination practices related to information collected from you other than directly through or
from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or
additional offline means or media.

This Privacy Statement is incorporated into Benztown’s Terms and Conditions by reference, as if set
orth fully therein. By using the Site, you agree and consent to the Terms and Conditions and this
Privacy Statement.

Benztown can be contacted at mail@benztown.com.

1. Collection of Personal Information From Users

   When you interact with us through the Site, we may collect information from you as described below.

   • a. information you provide

     We collect Personal Information that you knowingly choose to submit through the Site in
     order to benefit from specified features or to participate in certain activities, such as
     information that you knowingly provide when you contact us through the “Contact Us”
     portion of the Site or when you create an account on the Site or when you sign up for
     an email newsletter. For example, if you register for a Benztown event, you may provide
     us with information such as your name, telephone number, and email address. If you
     apply for a job with Benztown, you may submit your resume or other information through
     the Site.

     Certain parts of the Site may allow you to submit comments that will be available to all
     users of those sections of the Site.

     We may combine information you submit through the Site with other information we have
     collected from you, whether on-line or off-line. We treat the combined information in
     accordance with this Privacy Statement.

   • b. Location information

     Any comment system on the Site may utilize an opt-in Geolocation service in accordance
     with a prevailing community standard such as HTML 5. Such Geolocation opt-in ability is
     managed by the user’s browser settings. If a user chooses to opt-in to the Geolocation
     service, the user’s comments may be associated with the user’s location, both internally
     within Benztown and publicly on the Sites.

   • c. Passive Information Collection, Use, and Choices

     Also, as you navigate the Site, certain Personal Information may be passively collected,
     meaning it is gathered without your actively providing it. This is done using the
     following techniques in the following ways:

     • IP Addresses:

       An IP address is a unique identifier that certain electronic devices use to identify
       and communicate with each other on the Internet. When you visit our Site, we may
       view the IP address of the device you use to connect to the Internet. We use this
       information to determine the general physical location of the device and
       understand from what geographic regions our website visitors come. We also may
       use this information to enhance our Site.

     • Through your browser:

       Certain information is collected by most browsers, such as your Media Access Control
       (MAC) address, computer type and operating system type and version screen resolution,
       and Internet browser type and version.

     • Cookies:

       Like many companies, our Site may use “cookies” to help make sure the Site is
       meeting the needs of its users, to help us make improvements, and for marketing
       purposes. Below we describe the function of the cookies used on the Site and how
       you can opt-out of the use of such cookies:

       • Strict necessary cookies

         Strictly necessary cookies are needed for the Site to function properly.
         We use these to store information, such as text input or configuration
         options, as you navigate through the pages on the Site. If these cookies
         are disabled, then the Site cannot function.

       • Functional cookies

         Functional cookies allow the Site to remember certain settings or
         configurations in order to personalize website function.
         You can refuse our use of some or all of these cookies by turning off the
         use of cookies in your web browser. If you use your browser settings to
         block all types of cookies you may not be able to access all or parts
         of our Site or functionality may be limited. You can set your browser
         to notify you before you receive a cookie, giving you the chance to
         decide whether to accept it. You can also set your browser to turn
         off cookies. Each browser has a different procedure for disabling the
         use of cookies. The Help function within your browser should tell you
         how. Alternatively, you may visit http://www.aboutcookies.org where you
         can review information on how to control cookies on a variety of browsers.
         You will also find details of how to delete cookies from your computer
         and other general information about cookies. Note that if you delete
         cookies when using one computer, this will not stop the use of
         cookies if you access the Site using another computer.

       • Analytics cookies

         Analytics cookies are third-party cookies that allow us to track website
         usage trends and use that information to improve both website performance
         and user experience. The third-party service we use is Google Analytics,
         a web analysis service from Google Inc. The cookie stored on your
         browser transmits information about your use of the Site to a Google
         server in the United States. However, since IP anonymization has been
         activated on this Site, the information stored is completely
         anonymized and cannot be used to track you as an individual.
         These are persistent cookies that can last for up to two years.
         You can visit https://www.google.com/analytics/learn/privacy.html
         to learn more about Google Analytics’ use of cookies and you can visit
         https://tools.google.com/dlpage/gaoptout for
         information on how to opt out of Google Analytics cookies.

       • Marketing cookies

         We also use third-party cookies for marketing purposes. The third-party
         service we use is the remarketing feature through Google Adwords, an
         advertising service provided by Google, Inc. Google stores cookies related
         to the use of the Site in your browser. Once you navigate to another
         website that also employs the remarketing feature, these cookies will
         be used to display personalized advertisements related to the content
         you viewed on this Site. The data collected about you for remarketing
         purposes may include the content you view, when you view the content,
         and the location information associated with your IP address, but we do
         not use this data to identify who you are. You have the option to
         opt-out of the use of third party marketing cookies at any time by
         changing your cookie settings in your browser or by visiting the Network
         Advertising Initiative website, click here:
         http://www.networkadvertising.org/choices/.
         You also have the option to deactivate the remarketing feature by
         changing your Google settings: https://adssettings.google.com and you
         can maintain your opt-out preference using the Google browser ad-on
         found here: https://tools.google.com/dlpage/gaoptout/.

     • Embeded videos:

       Should a user ever view any embedded Vimeo or Youtube video material, please be
       aware that Vimeo and Youtube apply their own cookies which help you stay logged
       in, suggest recommended videos, volume preference and help to deliver advertisements.
       For further information regarding their policies, please refer to these webpages:
       www.vimeo.com/cookie_policy and www.policies.google.com/privacy.

       You can refuse our use of some or all cookies by turning off the use of cookies
       in your web browser. If you use your browser settings to block all types of cookies
       you may not be able to access all or parts of our Site or functionality may be
       limited.

       You can set your browser to notify you before you receive a cookie, giving you the
       chance to decide whether to accept it. You can also set your browser to turn off cookies.

       Changing your internet browser settings can prevent the use of cookies. Each browser
       has a different procedure for disabling the use of cookies. The Help function within
       your browser should tell you how. Alternatively, you may visit
       http://www.aboutcookies.org where you can review information on how to control
       cookies on a variety of browsers. You will also find details of how to delete
       cookies from your computer and other general information about cookies.

       Our Site currently does not respond to “Do Not Track” (DNT) signals and we operate
       as described in this Privacy Statement whether or not a DNT signal is received,
       as there is no consistent industry standard for compliance.

   • d. Sensitive information

     We ask that you not send or otherwise disclose to us through the Site your racial or ethnic
     origin, political opinions, religion or other beliefs, health, criminal background, or trade
     union membership. Where you provide us with such information, we reserve the right to
     erase any such information at our discretion.

   • e. Information about minors

     The Site is not intended for persons under the age of 18. We do not knowingly collect Personal
     Information online from persons in this age group. We reserve the right to delete any information
     identified as having been provided by such persons at our discretion.

2. How We Use the Information We Collect

   We use Personal Information submitted by you or otherwise collected through the Site and through
   other sources for the purposes described in this Privacy Statement and as otherwise described
   to you at the point of collection. Generally, we use the information you provide to us for the
   reason for which it was provided. For example, if you sign up to receive email notifications,
   we will contact you by email. If you provide us with information to register for an event, we
   will use the information to process your registration. Specifically, we may use Personal Information from or about you:

   • • to respond to your inquiries and fulfill your requests, such as to send you alerts
       for which you have subscribed or to provide you with a demo that you requested;
     • if you provide Personal Information in order to obtain access to or use the
       functionality of a part of the Site, we will use your Personal Information to
       provide you with such access or functionality, such as to allow you to make
       comments on blog posts on the Site;
     • to send you important information regarding our relationship with you or regarding
       the Site, changes to our terms, conditions, and policies, and other administrative
       information;
     • to notify you about upcoming events that may be of interest to you;
     • to promote our services, and the services of our affiliates;
     • for our business purposes, such as data analysis, audits, recordkeeping,
       developing new products or services, enhancing the Site, improving our services,
       identifying Site usage trends, personalizing your experience on the Site,
       and determining the effectiveness of our fundraising campaigns.

   We may use any information that does not personally identify you, your computer, or your device, for any purpose.

3. Our Disclosure of Your Information

   Benztown does not sell your Personal Information. We may share your Personal Information with
   third parties only as described in this Privacy Statement or as otherwise described at the point
   where we collect the information from you, including:

   • • to our affiliates for the purposes described in this Privacy Statement;
     • to the companies or individuals that we hire to provide services to us, such as website hosting services;
     • if you choose to comment on a blog post or participate in other similar interactive
       features on the Site, the content of your comment will be available to any users
       of that section of the Site, and they may disclose the content to third parties;
     • to a third party in the event of any reorganization, merger, sale, joint venture,
       assignment, transfer, or other disposition of all or any portion of our business,
       assets, or stock (including in connection with any bankruptcy or similar proceedings).

4. Uses and Disclosures to Comply with Laws

   In addition, we use and disclose Personal Information collected through the Site as we believe
   to be necessary or appropriate: (i) under applicable law, including laws outside your country
   of residence; (ii) to comply with legal process; (iii) to respond to requests from public and
   government authorities, including public and government authorities outside your country of
   residence; (iv) to enforce our terms and conditions; (v) to protect our operations or those of
   any of our affiliates; (vi) to protect our rights, privacy, safety, or property, and/or that
   of our affiliates, you, or others; and (vii) to allow us to pursue available remedies or limit
   the damages that we may sustain.

5. Links to Third Party Sites

   The Site may contain links to other Web sites for the convenience of users in locating information,
   products, or services that may be of interest. If you access a third party website from a link on
   this Site, any information you disclose on that website is not subject to this Privacy Statement.
   It is possible that these links may be used by third parties or others to collect personal or
   other information about you. Benztown is not responsible for the privacy practices of such websites,
   advertisers, or third parties or the content of such websites and it is your sole obligation to
   review and understand the privacy practices and policies of these other websites. Benztown does
   not control these third parties’ use of cookies, collection of information, or how they manage
   such information. It is solely your obligation to review and understand the privacy practices
   and policies of these other websites, advertisers and any third parties.

6. Where Your Information is Processed

   Benztown is based in the United States. No matter where you are located, you consent to the
   processing and transfer of your Personal Information in and to the United States and other countries.
   The laws of the United States and other countries governing data protection may not be as
   comprehensive or as protective as the laws in the country where you live.

7. Security

   Benztown will take reasonable steps to protect the information collected and provided via the Site
   from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However,
   you should understand that no transmission over the Internet is ever fully secure. Also, Benztown
   uses reasonable efforts to ensure that the Site is generally available. However, there will be
   occasions when access to the Site will be interrupted or unavailable. Benztown will use reasonable
   efforts to minimize such disruption where it is within its reasonable control. You agree that
   Benztown shall not be liable to you for any modification, suspension or discontinuance of the Site.

8. Data Retention

   We generally retain Personal Information for so long as it may be relevant for the purposes identified
   in this Privacy Statement or at the time the information is collected, unless a longer period of
   time is required by law.

9. Lawful Bases for Processing Your Personal Information

   The laws in some countries require us to tell you about the lawful grounds we rely on to collect,
   use, disclose, and otherwise process your Personal Information. To the extent those laws apply,
   our lawful bases for processing your Personal Information are:

   • a. To enter into and perform a contract with you:

     We may process Personal Information to meet our contractual obligations to you, or to take
     steps in anticipation of entering into a contract. For example, we process Personal
     Information on this basis to create an account.

   • b. To comply with a legal obligation:

     We need to use and disclose Personal Information in certain ways to comply with our legal obligations.

   • c. For our legitimate interests, where those interests are not overridden by your fundamental rights and freedoms:

     In many cases, we handle Personal Information because it furthers our legitimate business and charitable interests.
     This includes:

     • Providing a safe user experience on our Site;
     • Customer service;
     • Sending communications to you to let you know about information you have told us is important to you;
     • Protecting users, our workers, and our property;
     • Analyzing and improving our operations (e.g., optimizing the design and operation of our Site);
     • Processing job applications;
     • Managing legal issues.

   • d. With your consent:

     Where permitted by law, we handle Personal Information on the basis of your implied or
     express consent.

   Also, this Privacy Statement is issued on behalf of Benztown as controller of your Personal
   Information under applicable data protection laws.
   A “controller” is the person or organization who alone or jointly determines the purposes for which,
   and the manner in which, any Personal Information is, or is likely to be, processed.

10. Your Data Rights and Choices

    You can unsubscribe from certain emails by clicking on the “unsubscribe” link they contain.
    You can opt-out of the use of certain cookie-related processing by following the instructions in
    Section 1(e) above (Passive Information Collection, Use, and Choices).

    The laws in some countries may give you particular rights with respect to your Personal Information,
    including the right to access the Personal Information that we maintain, and the right to object
    to certain processing of Personal Information by Benztown. If you would like to submit a data access,
    correction, restriction, or deletion request, or if you would like to object to certain processing,
    you can do so by contacting us by email at mail@benztown.com and we will process such request with
    respect to any Personal Information that we are able to link to you individually based on the
    information that you can provide to us. These rights and options that you have with respect to
    Personal Information are subject to limitations and exceptions under applicable law. In
    addition to those rights, if you live in certain jurisdictions, you have the right to submit a
    complaint to your relevant supervisory authority. However, we encourage you to contact us
    first by emailing mail@benztown.com and we will try to resolve your concerns.

11. Right to Change Privacy Statement

    Benztown reserves the right at any time to modify, alter, or update this Privacy Statement.
    Your use of the Site following any changes means that you agree to follow and be bound by the
    Privacy Statement as changed, subject to limitations under applicable law. Any change to this Privacy
    Statement shall be effective as to any user who has visited the Site before the change was made.
    Please review this policy periodically, and especially before you provide any Personal Information
    to us. The Privacy Statement was last updated on the date indicated above.

12. Contacting us

    Please feel free to contact us if you have any questions or concerns about this Privacy Statement or our information practices. You may contact us as follows:

    
    mail@benztown.com

13. SMS

    SMS consent is not shared with third parties.

Dated: September 29, 2025

Copyright © 2025 Benztown Branding, LLC; All rights reserved.