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.

  1. 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.

  1. 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.

  1. 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.

  1. AI Voice Generator; Sound Effects 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.

We also provide an AI sound effects generator through our third-party service providers that  allows you to create sound effects by submitting text describing what you would like to create  (“Generated Sound Effects”). By uploading text describing a sound effect to our 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 submission to provide the Generated Sound Effects.

WE MAKE NO WARRANTY OF ANY KIND THAT CLONED VOICE OR GENERATED  SOUND EFFECTS SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE  THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S  REQUIREMENTS. YOU ACKNOWLEDGE THAT, GIVEN THE NATURE OF THE  CLONED VOICE AND GENERATED SOUND EFFECTS SERVICES AND AI  TECHNOLOGY, OUTPUT (I) MAY BE THE SAME AS OR SIMILAR TO OUTPUT THE  SERVICES GENERATE FOR OTHER CUSTOMERS, (II) MAY NOT QUALIFY FOR  INTELLECTUAL PROPERTY PROTECTION, (IV) DO NOT NECESSARILY REFLECT,  AND MAY BE INCONSISTENT WITH, PROVIDER’S AND THIRD-PARTY PROVIDERS’  VIEWS; AND (V) MAY BE SUBJECT TO THIRD PARTY TERMS, INCLUDING, AS  APPLICABLE, THE ELEVEN LABS TERMS OF USE.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Dispute Resolution. 

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR  LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND  HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES  FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND  ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE  ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS  ACTION”) IN ARBITRATION OR LITIGATION.

  1. Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR AND ARE FILED IN SMALL CLAIMS  COURT IN A COURT OF COMPETENT JURISDICTION, YOU AGREE THAT ALL  DISPUTES OR CLAIMS ARISING OUT OF OR RELATED TO ANY CLAIM OR  CONTROVERSY THAT IS RELATED IN ANY WAY TO THESE TERMS INCLUDING,  BUT NOT LIMITED TO, YOUR USE OF THE SITES, POLICIES, PRIVACY,  ADVERTISING, AND/OR ANY COMMUNCIATIONS BETWEEN YOU AND BENZTOWN OR ANY VENDOR, WHETHER OCCURRING ON THE SITES, MOBILE APPLICATIONS  OR OTHERWISE, EVEN IF THE DISPUTE ARISES AFTER THE TERMINATION OF  YOUR RELATIONSHIP WITH BENZTOWN, WHETHER BASED IN CONTRACT, TORT,  STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (EACH  A “DISPUTE”), WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION  BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE  OR JURY. “Dispute,” however, does not include disagreements or claims concerning patents,  copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual  property, which shall not be subject to arbitration or the notice and informal process described  below. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, TO THE FULLEST  EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND BENZTOWN AGREE THAT  EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A  JURY. This Section 15 may be referred to as the “Arbitration Agreement” in these Terms.

  1. Class Action Waiver. 

Except for Mass Arbitrations in accordance with Section 15(f), and unless otherwise agreed by  the Parties, YOU AND BENZTOWN AGREE THAT ANY ACTION, INCLUDING ANY  ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT, OR ANY

PROCEEDING OR LAWSUIT THAT IS NOT OTHERWISE ARBITRABLE, WILL TAKE  PLACE ON AN INDIVIDUAL BASIS. You and Benztown each agree to waive the right to have  any Dispute brought, heard, administered, resolved, or arbitrated as a Class Action to the  maximum extent permitted by Governing Law. This paragraph may be referred to as the “Class  Action Waiver” in these Terms. Nothing in these terms precludes you from bringing issues to the  attention of federal, state, or local government agencies and, if Applicable Law allows, such  agencies may seek relief against Benztown for you.

  1. Initiating a Demand for Arbitration. 

Any Arbitration required by the Arbitration Agreement shall be initiated by you or Benztown by  sending the other a written demand for Arbitration (“Demand”) only via certified mail, FedEx, or  UPS within the statute of limitations period provided by Governing Law. If Benztown has a  Dispute with you, Benztown will send this Demand to the most recent contact information  Benztown has for you and send a facsimile copy to your email address, if one was provided. If  you have a Dispute with Benztown, your Demand must be delivered to Benztown, LLC,  Attention: Legal, 100 West Broadway, Suite 200, Glendale CA 91210, and you must send a  facsimile copy of such Demand by e-mail at mail@benztown.com. To be valid, any Demand  must include (i) the name, telephone number, mailing address, and email address of the person or  entity seeking Arbitration; (ii) a statement of the Claim(s) asserted as part of the Dispute and the  factual basis for such Claim(s); (iii) a description of the remedy sought and an accurate, good faith calculation of the amount in controversy; (iv) the original personal signature in wet ink or  valid digital signature of the Party seeking Arbitration; and (v) the original personal signature or  valid digital signature of any legal counsel or other representative purporting to represent the  Party seeking Arbitration. For purposes of this paragraph, “original personal signature” does not  include any digital, scanned, electronic, copied, or facsimile signature. An original personal or  digital signature on the Demand certifies the following: (i) the Demand is not being presented for  any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost  of litigation; (ii) the Claim(s) and other legal contentions are warranted by existing applicable  law or by a non-frivolous argument for extending, modifying, or reversing existing applicable  law or for establishing new applicable law; and (iii) the factual contentions have evidentiary  support or, if specifically so identified, will likely have evidentiary support after a reasonable  opportunity for further investigation or discovery. The original personal signature by the Party  seeking Arbitration shall verify under penalty of perjury that the factual statements contained in  the Demand are true and correct. The Arbitrator is expressly authorized to impose any sanctions  available under Federal Rule of Civil Procedure Rule 11 on represented parties and their counsel.

For a period of sixty (60) days from receipt of a valid Demand (“Negotiation Period”) (which  Negotiation Period can be extended by written agreement of the Parties, including by e-mail),  you and Benztown agree to negotiate in good faith in an effort to resolve the Dispute. The Party  receiving the Demand may request a telephone or video conference to aid in the resolution of the  Dispute (“Dispute Resolution Conference”). If a Dispute Resolution Conference is requested,  you (and your counsel, if represented) and one or more Benztown representatives (who may be  accompanied by counsel as well) will personally attend the Dispute Resolution Conference. The  Dispute Resolution Conference will be scheduled for a mutually convenient time for both  Parties, which may be outside of the Negotiation Period in which case the Parties agree the  Negotiation period will automatically be extended by thirty (30) days after such Dispute

Resolution Conference. Completion of the mandatory Dispute resolution process set forth in this  paragraph (“Process”) is a condition precedent to initiating any Arbitration related to any  Dispute. If the sufficiency of a Demand or compliance with this Process is at issue, such issue  may be raised with and decided by a court of competent jurisdiction at either Party’s election,  and any Arbitration then underway shall be stayed. A court of competent jurisdiction shall have  the authority to enforce this Process as a condition precedent to Arbitration, which includes the  power to enjoin the filing or prosecution of Arbitrations and the assessment or collection of  Arbitration fees. Nothing in this Arbitration Agreement limits the right of a Party to seek  damages for non-compliance with this Process in Arbitration. Compliance with this paragraph  tolls any statute of limitations under Applicable Law as to any Dispute that is stated in a valid  Demand.

  1. Filing a Demand for Arbitration. 

Upon completion of the Process and no sooner than the day after the end of the Negotiation  Period, a Party seeking Arbitration of any Dispute subject to the Arbitration Agreement shall  submit a copy of the Demand to JAMS (“JAMS”). The Arbitration of any Dispute will be  administered by JAMS pursuant to the current JAMS Streamlined Arbitration Rules and  Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the Arbitration is  filed, and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer  Standards”), except to the extent modified by these terms. The JAMS Streamlined Arbitration  Rules and instructions are available on the JAMS website at https://www.jamsadr.com. The  Parties hereby agree that the Arbitrator must first be selected from JAMS Neutrals with a home  office in the Los Angeles, California metropolitan area with significant experience adjudicating  matters of Governing Law. If there is no JAMS Neutrals Arbitrator that fits the criteria in the  immediately preceding sentence, the Parties agree that the Arbitrator will be selected from JAMS  Neutrals with significant experience adjudicating matters of Governing Law who may have a  home office outside of the Los Angeles, California area.

  1. Conduct of Arbitration. 

In any Arbitration of a Dispute:

  1. You or Benztown may file such dispositive motions as would be permitted by the Federal  Rules of Civil Procedure without obtaining permission from the Arbitrator. Upon the filing of  any dispositive motion, the Arbitrator may stay all further action and deadlines in the Arbitration  until deciding such motion.
  2. The Parties shall have the right to conduct such discovery from the opposing Party or any  third party that is proportional to the needs of the Dispute, considering the importance of the  issues at stake, the amount in controversy, the importance of the discovery in resolving the  issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit.  Proportionality shall be decided by the Arbitrator when requested by either Party.
  3. The Arbitrator shall conduct any calls, conferences, or hearings by teleconference or  videoconference, unless the Arbitrator determines or the Parties agree that an in-person hearing

is appropriate and necessary. Any in-person hearing will be held at a location that is reasonably  convenient to both Parties. You and at least one employee of Benztown shall personally attend  all Arbitrator calls, conferences, and hearings.

  1. A Party may make a written offer of judgment at least seven (7) days before the date set for  the Arbitration hearing.
  2. Except as otherwise provided in these terms, the Arbitrator shall be authorized to award all  remedies available in an individual lawsuit under Applicable Law, including, without limitation,  compensatory and statutory damages (which shall be governed by the constitutional standards  applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and  attorneys’ fees and costs. Judgment on the Arbitrator’s award may be entered in any court of  competent jurisdiction. This paragraph shall not preclude the Parties from seeking provisional  remedies in aid of Arbitration from a court of competent jurisdiction. Nothing in these terms shall limit any Party’s ability to seek public injunctive relief, whether in Arbitration or in a court  of competent jurisdiction, as applicable.
  3. If the Arbitrator finds that a Party’s Claim, counter-Claim, or appeal was frivolous, asserted  in bad faith, or pursued for purposes of harassment, the Arbitrator shall award the opposing Party  such opposing Party’s attorneys’ fees, costs, and expenses and all amounts charged by JAMS for  the Arbitration.
  4. The Arbitrator will follow these terms and Governing Law. The Arbitrator shall not have  the authority to commit errors of Applicable Law or legal reasoning. The Arbitrator may award  relief only in favor of the individual Party seeking relief and only to the extent necessary to  provide relief warranted by that individual Party’s Claim(s) made in the Dispute. The Arbitrator  may not award relief for or against anyone who is not a Party, though the individual relief  awarded by the Arbitrator may incidentally affect non-Parties.
  5. You or Benztown may appeal an Arbitration award that manifestly disregards Applicable  Law by filing a notice of appeal with JAMS within 30 days after an award is rendered and  delivered to the Parties by the Arbitrator (“Appeal”). Any Appeal shall be filed and conducted  pursuant to the JAMS Optional Arbitration Appeal Procedure found at:

https://www.jamsadr.com/appeal/ (“Appeal Procedure”). Any Appeal shall be heard by a single  Arbitrator unless the Parties agree to a multi-Arbitrator appellate panel. The Arbitrator(s)  assigned to any Appeal shall be selected by agreement of the Parties from among those  suggested by the Case Manager (as defined in and pursuant to the Appeal Procedure). If the  Parties are unable to agree, the Case Manager shall appoint the Arbitrator(s) from among  reasonably qualified JAMS Neutrals. An Arbitrator who previously presided over any aspect of a  Dispute shall be ineligible from serving as an appellate Arbitrator in that same Dispute.

  1. Mass Arbitration. 

You and Benztown agree that, if twenty-five (25) or more Demands (including yours) arise  against a Party regarding the same or substantially similar Claim(s) in a Dispute (a “Mass  Arbitration”), such Demands will be arbitrated in a coordinated fashion such that the Arbitrator  shall: (a) organize the Demands into randomized groups of no more than 50 Demands; (b) JAMS

shall assess one set of filing and administrative fees per group and shall assign one Arbitrator per  group; and (c) the Arbitrator shall resolve all arbitrations within the group on an individual basis.  For avoidance of doubt, each Person that is not an Affiliate of another Person named in a any  consolidated notice of Demands and each Person that is not a familial relation to another Person  named in any consolidated notice of Demands shall constitute an individual Demand for the  purpose of determining the number of Demands pursuant to the immediately preceding sentence.  The JAMS Mass Arbitration Procedures and Guidelines shall apply to any Mass Arbitration  undertaken pursuant to this paragraph to the extent they are not inconsistent with this paragraph.  To the extent the Parties disagree on the application of the provisions of this paragraph, either  disagreeing Party shall advise the Arbitrator, and the Arbitrator shall stay the Arbitration pending  a determination of the applicability of this paragraph and process by a court of competent  jurisdiction. In any proceeding undertaken pursuant to the immediately preceding sentence, the  Prevailing Party (as defined in the next sentence) may recover Prevailing Party’s reasonable  attorneys’ fees and costs in connection with such proceeding. “Prevailing Party” means the Party  who receives substantially the relief desired as a result of any legal action undertaken pursuant to  these terms whether by dismissal, consent decree, summary judgment, final judgment, or  otherwise. Notwithstanding any other provision in the TOS, you and Benztown agree that a  court of competent jurisdiction shall have authority to enforce the terms of this paragraph with  injunctive or other relief.

If your Claim is part of a Mass Arbitration, any applicable limitations periods (including statutes  of limitations) shall be tolled for your Dispute from the time that the Mass Arbitration is first  submitted to JAMS until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise  resolved, or opted out of arbitration pursuant to this Section.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures  for Mass Arbitration section of the Arbitration Agreement, including by enjoining the Mass  Arbitration, the prosecution or administration of arbitrations, and the assessment or collection of  arbitration fees.

The Additional Procedures for Mass Arbitration section of the Arbitration Agreement and each  of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all  appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is  not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a  court of competent jurisdiction consistent with the remainder of these terms.

By filing an Arbitration Demand as part of a Mass Arbitration, counsel for the claimants  represents that to the best of their information, knowledge, and belief, formed after a reasonable  inquiry, that: (a) the claims and legal contentions are warranted by existing law or by a  nonfrivolous argument for extending, modifying, or reversing existing law or for establishing  new law; (b) the factual contentions have evidentiary support or, if specifically so identified, will  likely have evidentiary support after a reasonable opportunity for further investigation or  discovery; and (c) the arbitration demands are not being presented for any improper purpose,  such as to harass, cause unnecessary delay or needlessly increase the cost of dispute resolution.  The Arbitrator is expressly authorized to impose any sanctions available under Federal Rule of  Civil Procedure Rule 11 on represented parties and their counsel.

  1. Opt-out.  

You have the right to elect to opt-out from the final, binding arbitration procedure and waiver of  class and representative proceedings specified in these terms by sending a personally signed,  written notice of your decision to opt-out within thirty (30) calendar days of your initial  agreement to these terms. You must send your notice to us at: Benztown USA, LLC,100 West  Broadway, Suite 200, Glendale CA 91210, Attention: Legal (the “Notice Address”), with a copy  to mail@benztown.com. Your notice must include: (1) your first and last name and mailing  address; (2) the email address associated with your account; and (3) a clear statement that you  want to opt out of arbitration and seek to have any Dispute addressed in a court of competent  jurisdiction consistent with these terms. In the event that you opt-out consistent with the  procedures set forth above, all other terms of these terms shall continue to apply, including the  class action waiver and jury trial waiver, and remain in effect to the fullest extent permissible by  applicable law.

  1. Severability. 

Unless otherwise agreed by the Parties, if (i) any Dispute is filed as a class Arbitration, class  action, collective action, representative action, or Mass Arbitration and (ii) if the Class Action  Waiver is held invalid or unenforceable as to such Dispute, then the Arbitration Agreement does  not apply to that Dispute and such Dispute must be brought in a court of competent jurisdiction.  If any provision of this Section 15 other than the Class Action Waiver is held invalid or  unenforceable as to a particular Dispute, then such provision shall be severed from the TOS, and  the remainder of the TOS shall be enforceable to the maximum extent permitted by Governing  Law.

  1. Applicable Law. 

Notwithstanding anything to the contrary in these terms, the Federal Arbitration Act (“FAA”)  governs the interpretation and enforcement of Section 15 of these terms (only) by any Arbitrator  or court of competent jurisdiction deciding any matter pursuant to this Section 15. If the FAA is  found not to apply to any portion of Section 15 of these terms by any Arbitrator or court of  competent jurisdiction, then the laws of the State of California shall govern the interpretation and  enforcement of such portion of this Section 15.

  1. Confidentiality.  

Upon either Party’s request, the Arbitrator will issue an order requiring that confidential  information of either Party disclosed during the arbitration (whether in documents or orally) may  not be used or disclosed except in connection with the arbitration or a proceeding to enforce the  arbitration award and that any permitted court filing of confidential information must be done  under seal to the furthest extent permitted by law.

  1. Future Changes to Arbitration Agreement.  

Benztown will provide notice of any material changes to this Arbitration Agreement. If any such  material change is made, you may reject any such change by sending your personally signed,  written notice to legaldept@benztown.com within 30 days of the change. Such written notice

does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are  agreeing that you will arbitrate any Dispute between you and Benztown in accordance with this  version of the Arbitration Agreement.

  1. 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”).

  1. 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: July 23, 2026

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