Terms & Conditions
Terms and Conditions
Welcome to the Benztown Branding USA, LLC (“Benztown”) Web sites 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, material, products, or services available on or through the
Sites, 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 content, material, products or
services made available on or through the Sites (collectively, the “Services”) signifies that you
fully accept and agree to these Terms of Use.
1. Registration
In order to access certain content, software, services, products or benefits 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. You are fully responsible for maintaining the confidentiality
of your password. Benztown will not be held responsible or liable for any misuse of your account
in the event that a third party has access to and uses your password and account login in any way.
You may terminate your account at any time by contacting us at mail@benztown.com2. Proprietary Rights.
In order to access certain content, software, services, products or benefits 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. You are fully responsible for
maintaining the confidentiality of your password. Benztown will not be held responsible or
liable for any misuse of your account in the event that a third party has access to and uses
your password and account login in any way. You may terminate your account at any time by
contacting us at mail@benztown.com3. Adult Content.
Some content provided on the Sites or through the Site Material may contain adult content intended
for viewers above 18 years or age. By viewing this adult content, you represent that you are at
least 18 years of age and that such adult content is acceptable to you.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.Unauthorized Activities.
You agree that you will not use the Sites for (a) any illegal or unauthorized purposes that violate
any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the
Sites or for modifying another website so as to falsely imply that it is associated with Benztown;
(c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms
or viruses or any code of a destructive nature; (d) contacting any other user of the Sites who has
requested not to be contacted; (e) stalking or harassing anyone; (f) 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 (g) 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.
You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce,
transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or
electronic means, adapt, edit, compile or create derivative works of the Site Material or
otherwise use the Site Material in any way for any purpose without prior written approval from
Benztown. You may not frame, capture, harvest, collect, or create hypertext or other links or
connections to any part of the Sites or Site Materials without Benztown’s prior written consent.
You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable
harm to Benztown and that in the event of such unauthorized use, Benztown shall be entitled
to an injunction in addition to any other remedies available at law or in equity.6.Third party website and content.
The Sites is 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 Web sites for the convenience of users in locating
information, products, or services that may be of interest. Use of the Sites and the Site
Materials and any other material or content on and made available through the Sites 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 is at your own risk, and subject to the terms
and conditions of such other websites. Benztown does not endorse any product, service, or
treatment provided on a third party website or advertised on the Sites.7. Materials Submitted to the sites.
Excluding information that you choose to keep private, the Sites may allow you to contribute content,
information, text, files, graphics, personal listings, messages, ratings, postings, and other
materials and information for access, use, and commentary by other users to the Sites (“User Content”).
Failure to comply with these Terms, or with any of Benztown’s published policies, may result in
immediate removal of any User Content. By posting User Content, you represent that you have the
full legal right to provide the User Content and that use of the User Content by the Sites and
all other persons and entities will not (a) 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; (b) violate any law, statute, ordinance, or
regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully
harassing; (d) 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”; (e) be obscene, child pornographic, or
indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses,
worms, time bombs, cancelbots, or other computer programming routines that damage,
detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or
personal information, or that facilitate or enable such or that are intended to do any of the
foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute
disclosure of any confidential information owned by any third party.Upon your submission of User Content or other material or information to Benztown, you grant Benztown
a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use,
distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense,
and to permit others to access, use, distribute, perform, reproduce, display, modify and
create derivative works based upon the User Content, all without any compensation to you whatsoever.
You grant Benztown the right to derive statistics and other aggregate information from any
User Content you submit to the Sites. Benztown may refuse to post or remove User Content from
the Sites that violates any of the warranties provided in the preceding paragraph or for any
reason. Benztown shall not be responsible for changes, modifications, or removal of any User
Content that you submit to the Sites. If you believe that any content or postings on the
Sites violate your intellectual property or other rights, please follow our Complaint Procedure
in Section 13 of these Terms.8. 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. Alternatively, you may contact Benztown by regular mail at 4425 W. Riverside Drive,
#101, Burbank, California, 91505, or by phone at 1-800-391-6044.9. Disclaimer.
Benztown, its subsidiaries, and affiliates are not responsible for and do not guarantee the
accuracy or completeness of any Site Material, User Content, Software, products, data, services,
links, advertisements or other items contained within the Sites. Benztown reserves the right
to immediately remove any Site Material or User Content for any reason or for no reason.
Benztown cannot and does not review all communications or products made available on or through
the Sites, but, although not obligated to, may review, verify, make changes to or remove any
User Content, Site Material, the Sites or the products or services made available in connection
with the Sites, including information posted to the marketplace or other features at any time,
with or without notice in its sole discretion. You agree that you must evaluate and bear all
risks associated with the use of Site Material or User Content and that you may not rely on
such Site Material or User Content.THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, SOFTWARE, INFORMATION AND OTHER MATERIALS ON,
IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF
THE SITE IS ENTIRELY AT YOUR OWN RISK. Benztown AND ITS LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER
CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, SOFTWARE, DATA AND OTHER MATERIALS ON,
IN AND MADE AVAILABLE THROUGH THE SITE, 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 SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, SOFTWARE, DATA AND OTHER MATERIALS ON,
IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.10. Liability.
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 SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, SOFTWARE, DATA
AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, 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 SITE, USER CONTENT, THE SITE
MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, SOFTWARE, DATA
OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING
THE PRECEDING YEAR FOR USE OF THE SITE. 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.11. Indemnification.
You shall indemnify Benztown and its directors, officers, employees, agents, contractors and
licensors (“Benztown Indemnitees”) against all claims, actions, suits, and other proceedings
(“Claims”) arising out of or incurred in connection with the Sites and your use of the Sites or
services obtained through the Sites, your fraud, violation of law, negligence, willful misconduct,
or any other use of the Sites, the User Content, the Site Materials, the services, products,
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.12. Internet security.
Benztown uses reasonable efforts to ensure that the Sites is generally available. However, there
will be occasions when access to the Sites will be interrupted or unavailable. Benztown will use
reasonable commercial efforts to minimize such disruption where it is within our reasonable control.
You agree that we shall not be liable to you for any modification, suspension or discontinuance
of the Sites. You understand that the technical processing and transmission of any Sites content
may be transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or devices.
Please be advised that we do not guarantee that any information sent from our Sites will be
secure during transmission, nor can we guarantee the confidentiality of any communication or
material transmitted to Benztown via the Sites or the Internet, including, for example,
personal information such as your name or address.13. Complaint Procedures.
If you believe that any content or postings on these Sites violates your intellectual property
or other rights, please send to Benztown at mail@benztown.com a comprehensive detailed message
setting forth the following information: (a) your name and the name of your company, if any; (b)
your contact information, including your e-mail address; (c) the nature and substance of your
complaint, the specific rights at issue, and your basis for making the complaint, including the
content or posting that is objectionable; and (d) the following statement: “The statements,
representations, and assertions made in this message are true, complete, and accurate and I have
the full legal authority to make each and every such statement, representation, and assertion
and to make and be granted any demand made in this message.”14. Changes to these terms; Termination.
Benztown reserves the right at any time to modify, alter or update these Terms. Notice of any new
or revised Terms, as well as the location of the new or revised statement, will be posted on
the Sites for at least twenty (20) days after the change. Your use of the Sites following any
changes means that you agree to follow and be bound by the terms as changed. Any change to these
Terms shall be effective as to any visitor who has visited the Sites before the change was
made. It is the obligation of users visiting the Sites before the change to learn of changes to
the Terms since their last visit. Benztown may suspend or terminate your account and/or your
ability to use the Sites or any services on the Sites 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 arising out of these Terms shall be resolved exclusively through final and binding
arbitration conducted by the American Arbitration Association (the “AAA”). 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.The arbitrator will decide the substance of all claims in accordance with the laws of the State
of California. The arbitrator shall not be bound by rulings in prior arbitrations involving
different Benztown users, but is bound by rulings in prior arbitrations involving the same
Benztown user to the extent required by applicable law. The arbitrator’s award shall be final
and binding, and judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be
governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
If the value of the relief sought is $10,000 or less, at your request, Benztown will pay all
filing, administration, and arbitrator fees associated with the arbitration. Any request for
payment of fees by Benztown should be submitted by mail to the AAA along with your demand for
arbitration and Benztown will make arrangements to pay all necessary fees directly to the AAA.
If the value of the relief sought is more than $10,000 and you are able to demonstrate that
the costs of accessing arbitration will be prohibitive as compared to the costs of accessing
a court for purposes of pursuing litigation on an individual basis, Benztown will pay as
much of the filing, administration, and arbitrator fees as the arbitrator deems necessary
to prevent the costs of accessing arbitration from being prohibitive. In the event the
arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree
to reimburse Benztown for all fees associated with the arbitration paid by Benztown on your
behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator
or court decides that any part of this agreement to arbitrate is invalid or unenforceable,
the other parts of this agreement to arbitrate shall still apply.You can choose to reject this agreement to arbitrate by mailing us a written opt-out notice
(“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the
date you accept these Terms for the first time. You must complete the Opt-Out Notice form by
providing the information called for in the form, including your name, address (including street
number and address, city, state, and zip code), phone number, and the email address used to
log in to the Benztown account to which the opt-out applies. You must sign the Opt-Out Notice
for it to be effective. This procedure is the only way you can opt out of the agreement to
arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will
continue to apply. Opting out of this agreement to arbitrate has no effect on any previous,
other, or future arbitration agreements that you may have with us.16. 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 of
Use shall govern. No oral explanation or oral information given by any party shall alter
the interpretation of these Terms. Notwithstanding the foregoing, 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.You agree that if Benztown does not exercise or enforce any legal right or remedy which is
contained in these Terms of Use (or which v has the benefit of under any applicable law), 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 is controlled and operated from within the United States. Without limiting anything else,
Benztown makes no representation that the Sites, Sites Content, 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.Dated: March 01, 2021
Copyright © 2021 Benztown Branding, LLC; All rights reserved.
