Terms and Conditions of Use
Benary Plus Inc. Terms and Conditions of Use
Last Updated: May 18, 2017
Please read these Legal Terms and Conditions (the “Terms and Conditions”) before using this Website.
By accessing this Website, you agree to these Terms and Conditions. Benary Plus reserves the right to change these Terms and Conditions, and the products, services, prices, and programs mentioned in this Website at any time, at its sole discretion, without notice. Benary Plus reserves the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions. Any rights not expressly granted herein are reserved.
2. Copyright Notice
All the information and material contained in this Website and the Benary Plus software is protected under the copyright laws of the United States and other countries. Any unauthorized reproduction, derivative work, distribution, in whole or in part and by any means, electronic or otherwise, of such material is strictly prohibited and may subject the offender to civil liability and severe criminal penalties (Title 17, United States Code, Sections 501 and 506).
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this Website are registered and unregistered trademarks of Benary Plus or their respective owners. Nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission of Benary Plus or their respective owners. Any use of these trademarks by any party other than Benary Plus or their respective owner is expressly prohibited and may not be used in connection with any product or service that is likely to cause confusion in the marketplace, disparage or discredit this Website or Benary Plus.
4. External Links
This Website may contain links to third party websites on the Internet that are not under the control of Benary Plus and Benary Plus makes no representation as to their content. Benary Plus is not responsible for the content or availability of any linked third party websites and use or reliance on any links and the content thereon provided is at your own risk. When visiting links to any third parties, you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the express prior written permission of Benary Plus.
This Website is distributed internationally and may contain references to products and services that have not been released in your country. Although distributed internationally, these references do not guarantee that Benary Plus intends to release those products and services in your particular country.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND BENARY PLUS, ALL INFORMATION AND SOFTWARE ON THIS WEBSITE (“WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND USE OF ANY WEBSITE CONTENT IS AT YOUR SOLE AND ENTIRE RISK. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE WEBSITE CONTENT AND AGREE NOT TO USE THE WEBSITE CONTENT IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS COULD OCCUR.
THE WEBSITE, PRODUCTS, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND AND BENARY PLUS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF UNAUTHORIZED SECURITY BREACHES AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. BENARY PLUS DOES NOT WARRANT INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE WEBSITE CONTENT, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE OR SECURITY BREACH FREE, OR THAT DEFECTS IN THE WEBSITE CONTENT WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE CONTENT IS ASSUMED BY YOU. FURTHERMORE, BENARY PLUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE WEBSITE CONTENT OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BENARY PLUS OR BENARY PLUS'S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OF ANY KIND. SHOULD THE WEBSITE CONTENT PROVE DEFECTIVE, YOU (AND NOT BENARY PLUS OR BENARY PLUS'S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BENARY PLUS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES OR LIABILITY FOR ANY LOSS, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF USE OF ASSETS, LOSS OF CONTRACTS, INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE, WHATSOEVER) ARISING OUT OF, IN CONNECTION WITH THE PERFORMANCE OF, OR RELATING TO THE WEBSITE CONTENT OR YOUR USE OF THE WEBSITE, OF OR RELATING TO ANY AND ALL INFORMATION PROVIDED BY YOU, PERSONAL OR OTHERWISE, TO BENARY PLUS, OF OR RELATING TO ANY UNAUTHORIZED SECURITY BREACHES, YOUR RELIANCE ON THE WEBSITE CONTENT, MODIFICATION, PRODUCTION, DELIVERY, MISUSE OR INABILITY TO USE THE WEBSITE CONTENT OR RELATED DOCUMENTATION, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY OR DUTY, TORT (INCLUDING NEGLIGENCE OF ANY PERSON (GROSS, SOLE, CONCURRENT, ACTIVE, OR PASSIVE), PRE-EXISTING CONDITION, PRODUCTS LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, OR ANY OTHER CAUSE, OR OTHERWISE, EVEN IF BENARY PLUS OR BENARY PLUS'S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AGREE TO BEAR ALL COSTS RESULTING FROM THE USE OF THE WEBSITE CONTENT. BENARY PLUS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE CONTENT OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.
This Website could include technical or other inaccuracies. Benary Plus may make changes to material and information on this Website at any time and without prior notice. HOWEVER, BENARY PLUS MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS WEBSITE.
8. Use of the Website
Benary Plus does not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Benary Plus that you are legally entitled to do so and to make use of information made available via the website.
9. User Registration or purchase
You may provide Benary Plus the following information to create an account or in the connection with the purchase of any products or services: full name (your legal surname, if an individual) or full name of legal entity, email address, telephone number, and any other information required by Benary Pluss. You represent and warrant that this information is true and accurate.
10. Consent to Benary Plus Processing Information About You
The information You provide to Benary Plus may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to Benary Plus for the purposes of creating your user account, in connection with the purchase of any products or services, or adding any additional details of yourself in the Website for any reason whatsoever, You are expressly and voluntarily accepting these Terms and Conditions and explicitly consenting to allow Benary Plus to process information about You. Supplying information to Benary Plus, including any information deemed “sensitive” by applicable law, is entirely voluntary on your part. You have the right to withdraw your consent to Benary Plus’ collection and processing of your information at any time, by removing the information from the Website or by closing your account, but please note that your withdrawal of consent will not be retroactive.
11.1 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Benary Plus in relation, or with respect, to the subject matter herein and supersede any and all prior or contemporaneous understandings, representations or agreements, whether written or oral. Except as expressly set forth herein, neither you nor Benary Plus shall be bound by any express or implied representations, warranties, promises, covenants, agreements, or the like not recorded herein.
11.2 Updates, Changes, or Alteration
Benary Plus reserves the right to change these Terms and Conditions at any time, at its sole discretion, without notice. When Benary Plus updates or changes these Terms and Conditions, Benary Plus shall also revise the "Last Updated" date at the top of this document. Your continued use of the Website constitutes your agreement to these Terms and Conditions and any updates. You shall be responsible for reviewing the then current version each time you visit the Website to stay informed about these Terms and Conditions and your use of the Benary Plus Website.
In the event of any conflicts or contradictions between the terms and provisions of these Terms and Conditions and any other terms and conditions, policies or notices relating to the subject matter herein, these Terms and Conditions shall prevail.
No indulgence or extension of time which either you or Benary Plus may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Benary Plus shall be entitled to cede, assign and delegate all or any of its rights and obligations in any of these Terms and Conditions to any third party.
The language of all parts of these Terms and Conditions shall in all cases be construed as a whole, according to its fair meaning. In the event that a court of competent jurisdiction deems any provision of these Terms and Conditions to be unreasonable, invalid, void, or unenforceable, for any reason and to any extent, such provision(s) shall be modified in such a manner so as to be valid and fully enforceable to the maximum extent permitted by law. Those provisions found unreasonable, invalid, void or unenforceable shall not affect the remaining provisions of these Terms and Conditions, which shall remain valid and enforceable according to its or their terms.
11.7 Governing Law and Jurisdiction
You agree that all matters relating to your access to, or use of, this Website shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to its choice or conflict of law rules or provisions. You hereby consent to the exclusive personal and subject matter jurisdiction of the Federal or state courts for San Jose, California, in any action or claim arising out of, under or in connection with this Agreement or the relationship between the Parties hereto. To the fullest extent permitted by law, each party knowingly and voluntarily waives any and all right to a trial by jury in any action or proceeding arising out of, under or in connection with this Agreement or the relationship between the Parties hereto.
Notwithstanding the foregoing, all claims, disputes, controversies, differences or misunderstandings of any kind between the parties hereto arising under, out of, or in connection with this Agreement, including the existence or continued existence of this Agreement and the arbitrability of a particular issue, which cannot be amicably settled and resolved by the parties hereto, shall be submitted to arbitration by the American Arbitration Association (AAA), to take place in, or if not available in, the closest location to, the City of San Jose of the State of California, or as otherwise mutually agreed to by the parties. The arbitration shall finally be settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association by one or more arbitrators appointed in accordance with the above-mentioned rules. The decision of the arbitration tribunal shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction, and no party shall seek redress against the other in any court or tribunal except solely for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award.
Benary Plus makes no representation that information on this Website is appropriate or available for use outside of the United States or in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this Website may do so on their own initiative and shall be responsible for compliance with all applicable laws.
11.8 Contact Information, Comments, or Questions
Benary Plus welcomes your comments regarding these Terms and Conditions. If you have any questions or comments regarding these legal terms, please contact us via postal mail at the address provided below and Benary Plus shall use commercially reasonable efforts to promptly respond:
Benary Plus, Inc.
195 Paulsen Road
Watsonville, CA 95076
United States of America