This website www.benjacksonjr.com (the ''Site'') is owned and operated by Benjacksonjr (''we'' or ''us'').
Changes to this Agreement
We reserve the right to change, add, or delete portions of this Agreement at any time without notice and liability. Changes to this Agreement become effective on the date they are posted and your continued use of the Site after any changes will signify your agreement to be bound by them. You acknowledge and agree that it is your responsibility to review this Agreement periodically and become aware of any modifications.
You can review the most current version of this Agreement any time at: http://benjacksonjr.com/terms.
Changes to the Site
We reserve the right to change, suspend or discontinue (temporarily or permanently) any aspect of the Site (in whole or in part) without any notice and liability. Your continued use of the Site after any changes constitutes your acceptance of those changes.
The Site is intended to be available only to entities and persons over the age of legal majority who can enter and form legally binding agreements under applicable law within the jurisdiction within which they reside. If you do not qualify you may not access or use the Site. By using the Site you represent that you are over the age of legal majority.
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice and liability. We reserve the right to permanently or temporarily terminate, suspend or restrict your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for any or no reason. You agree that we are not liable if for any reason the Site is unavailable at any time or for any period.
The Site may be inaccessible or not function properly with certain types of browsing devices and operating systems. You must provide and are solely responsible for all hardware and/or software necessary to access the Site. We are not liable for any perceived or actual damages arising from the operation, content, or use of the Site on your device.
All Content found on the Site is provided on an "as-is" and "as-available" basis. By providing Content on the Site, we do not promise that the Content will remain forever available to you and we are entitled to change, discontinue, limit, suspend, terminate all or any part of the Site without notice or liability. All Content provided on the Site is for informational purposes only. We make no representations as to accuracy, completeness, currentness, suitability, or validity of any Content on the Site and will not be liable for any errors, omissions, or delays in the Content or any losses, injuries, or damages arising from its display or use.
Correction of Errors and Inaccuracies
We are not responsible for any typographical errors or other errors or inaccuracies that may appear on the Site and we expressly exclude liability for any such errors to the fullest extent permitted by law. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without notice and liability. We do not guarantee that any errors, inaccuracies or omissions will ever be corrected.
Conduct and Use
You agree to use the Site only for lawful purposes. Your use of the Site is subject to this Agreement and all applicable local, state, national and international laws and regulations. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense. When using any services on the Site you shall be subject to any posted guidelines, rules, or licenses applicable to such services and to this Agreement.
You will not use the Site to:
Circumvent any technological measure that protects the Site; Collect, solicit or store any personal identifiable information about other users; Delete or in any way alter any copyright, trademark, or other proprietary rights notices; Falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity or otherwise commit fraud; Forge TCP/IP packet headers or manipulate any data to send altered, deceptive, or false source-identifying information; Impersonate any person, company, government or entity; Interfere with, disrupt, impair or burden the Site or the networks or services connected to the Site; Mask your presence on the Site; Probe, scan or test the vulnerability of any system or network; Publish, post, broadcast, email, distribute, or upload (collectively "Transmit") any content that is profane, vulgar, indecent, inappropriate, obscene, or contains nudity or pornography, is deceptive, inciting to unlawful action, defamatory, is hateful, constitutes hate speech, or contains objects or symbols of hate, is abusive, harassing, harmful, threatening, violent, or is otherwise deemed objectionable; Transmit any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party; Transmit any content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are contractually obligated to keep private or confidential; Register an account on behalf of any group, entity or an individual other than yourself; Register for more than one account; Use an account and password belonging to someone else; Resell, duplicate, copy, sell, trade, reproduce, manipulate, or exploit for any commercial purposes, any portion of or use of the Site in whole or in part; Transmit any content that contains software or any other computer code, files, or programs that may damage, interrupt, destroy or limit the functionality of the Site or any computer software, hardware or communications equipment; Transmit any unsolicited or unauthorized advertising, promotional content, junk mail, spam, chain letters, or any other form of solicitation to sell any products or services without our prior written consent; Violate any applicable law, regulation, ordinance or otherwise engage in any illegal activity; or use the Site in any manner not permitted by this Agreement.
Except for financial or personally identifiable information, any information, ideas, notes, suggestions or communications, whether publicly posted or privately transmitted, that you provide to us or that we obtain through the Site (collectively "Submissions") shall be deemed and shall remain our sole property and will be treated as non-confidential and non-proprietary. You represent and warrant that you own the Submissions or otherwise have the right to grant the license set forth below, and the public posting and use of the Submissions does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party.
You hereby grant us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, give away, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the Submissions and any ideas or original content contained in the Submissions, in any form, medium, or technology now known or later developed, without any compensation to you or any third party.
This grant shall include the right to exploit any and all proprietary rights in the Submissions including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You further waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Submissions. We are under no obligation to use your submission, return your submission, or respond to your submission in any way.
The sole purpose of this policy is to avoid potential misunderstandings or disputes when products, services or marketing strategies found on or through the Site may seem similar to any submissions you have made.
We have no obligation to monitor the Site. However you consent to monitoring of the Site at all times by us, the server admin and the server hosting data center and its authorized agents and contractors. You further agree that we may monitor and review any areas of the Site where you transmit, post or communicate with other users and retain the content of those communications in those areas.
In the event of a criminal investigation or a suspected illegal activity, we may (and you authorize us to) disclose the content of any communications you may have on the Site to law enforcement or other government officials if required to do so by law, or by search warrant, subpoena or court order. If you do not wish to consent to monitoring you should immediately quit using the Site.
Linking to the Site
You may link to the Site only for personal, non-commercial purposes. You may not link to the Site from any website that is unlawful, abusive, indecent, obscene, that promotes violence or illegal acts or that in our sole opinion is otherwise inappropriate. Each link must resolve to a fully displayed page within the Site that includes all original text, code, trademarks, branding, advertising and other content, without any additional text, code, trademarks, branding, advertising or other content that was not originally included on the page within the Site.
The Site may provide, or third parties may provide, links to other websites or resources (collectively ''Third Party Links'') that we do not own, operate or have any responsibility for. You agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials available on or through these Third Party Links (collectively "Third Party Content").
You further agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any Third Party Links. Any correspondence or business dealings with, or participation in promotions of, merchants found on or through these Third Party Links, including, without limitation, payment and delivery of products or services, are solely and entirely between you and the third party.
Dealings With Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Disclaimer Of Endorsement
Reference to any products, services, third party links or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation in any way by us. It is your own sole responsibility to ensure that any products, services or information available on or through the Site meet your specific requirements.
Copyright and Trademarks
All content displayed on the Site, including, without limitation, all information, advertisements, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are protected by copyright, trade mark, service mark, patents and other intellectual property laws.
You may not license, copy, modify, republish, upload, post, transmit, ''frame'', participate in the transfer or sale of, reproduce, create derivative works of, distribute, disseminate, broadcast or circulate, publicly perform, publicly display, or in any way or by any means exploit any of the materials or content on the Site in whole or in part without the express prior written consent from us or the respective third party owner.
We reserve full ownership of and intellectual property rights in any content downloaded from the Site. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Nothing contained on the Site should be construed as granting you any license or right to use any trademarks or service marks displayed on the Site without the prior written permission of us or such third party that may own the marks.
Limited License. You may use, download, print and store copies of the Site for your own personal, non-commercial use, provided that the Site is not modified or altered in any manner and that you respect and retain all copyright, trademark, and other proprietary notices contained in the Site. This permission does not extend to content owned by third parties. Any further rights not specifically granted herein are reserved.
You may learn from and adapt elements of our document source code and CSS in your own original projects but the unique combination of images, colors, sizes, typography, and positioning belongs to us and or other third parties and may not be reproduced. Any unauthorized use of the Site is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.
Software. All software and accompanying documentation is the copyrighted and/or patented work of us and/or our suppliers. Use of the software is governed by the terms of the license agreement that is included with such software. You can not download, install or use any software unless you first agree to the terms of said license agreement. Any software that is not accompanied by a license agreement, we hereby grant you, a personal, nontransferable license to use the software in accordance with this Agreement.
You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. All software and any accompanying documentation are subject to all applicable export control laws and regulations of the USA. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to USA export restrictions.
Third Party Rights. We neither warrant nor represents that your use of the Site will not infringe rights of third parties not owned by or affiliated with us.
Infringement Policy. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information in a writing signed (either physically or digitally) by the owner of the copyright or other intellectual property interest or a person authorized to act on their behalf: identification and detailed description of the works or materials that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your name, address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other proprietary right owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information is accurate, and you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please send the above message to hello (at) benjacksonjr (dot) com.
Limitations of Advice
The Site contains general information intended to educate and entertain and does not constitute any type of advice that relates to your specific circumstances. This information was compiled from a number of different sources, representing many different viewpoints and was obtained from sources believed to be reliable.
We do not represent or endorse the accuracy or reliability of any article, advice, opinion, statement, suggestion or other information that is found on or through the Site. We suggest that you use the Site as a general guide and starting point for continued research and to seek legal, accounting, financial, tax, medical or other expert advice from a competent qualified professional before implementing any information found on or through the Site.
The Site may contain general information about medical conditions and treatments. This information is not advice, and should not be treated as such. You must not rely on this information as an alternative to medical advice from your doctor or other professional healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue any medical treatment because of any information found on or through the Site.
If you have any specific questions about any medical matter you should consult your doctor or other professional healthcare provider. If you think you are suffering from any medical condition you should immediately seek medical attention.
You agree that any use or reliance upon any information found on or through the Site shall be at your own sole risk.
Earnings and Income Disclaimer
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using any information, techniques, programs, marketing claims, products or services found on or through the Site.
Any testimonials or endorsements by our customers or audience represented on the Site, or through our products, programs, other websites, content, landing pages, sales pages or offerings, are solely opinions from individuals that have not been factually or scientifically evaluated by us or proven by others. Similarly, any information contained on the Site and on our other websites, programs, content and offerings are solely our opinion and you understand that we do not offer any representations, warranties, or guarantees, verbally or in writing, regarding your earnings, business profit, level of success, marketing performance, audience growth or any results of any kind.
Earning examples, revenue, income statements, financial projections and all forward looking statements are estimates of what could be possible and are neither guarantees of income or employment nor assurance of profits or business success. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated.
You agree that we are not responsible for the success or failure of your business or income opportunity or your decisions relating to any information, techniques, programs, marketing claims, products or services found on or through the Site. It is your responsibility to use caution when entering any new business or income opportunity and to seek the advice of an appropriately qualified accountant, lawyer, or other professional, before acting on any specific marketing claim, or information found on or through the Site.
You hereby accept all inherent risks of any business or income opportunity you participate in and all money spent in setting up, running or marketing your business or income opportunity is your sole responsibility.
Some of the links we provide on the Site are ''affiliate links.'' This means if you click on the link and purchase an item connected to that link, we will receive an affiliate commission.
The Site is intended to be available only to entities and persons over the age of legal majority who can enter and form legally binding agreements under applicable law. You must be over the age of legal majority to provide any personal information to us or the Site. If you do not qualify you may not access or use the Site.
Information Collected. We collect information about you from your voluntary submissions, from your orders, from third parties with your consent, and through cookie and other Internet tracking technologies.
We collect the following information:
Personal Information. When you correspond with us through email we will collect your name, email address, the content of your email messages, and our responses. When you make a purchase or place an order for any products or services provided directly from us you may be requested to voluntarily supply contact information (e.g. your name, email address, billing address, shipping address, phone number) and financial information (e.g. your credit card or bank account information) that we will collect and retain.
This information may include:
your device type and IP address; your operating system, browser type, language, country and time zone; your internet service provider (ISP); referring and exit URLs; files/pages you accessed or downloaded; the date/time and duration of your visit; and other non-personal identifiable information.
Cookies are used to operate the Site, store your shopping cart contents, record your purchases, preferences and any account activity, track usage behavior and compile site usage information that will allow us to the improve the Site and target ads. We do not generally store any personal information that you provide us in your cookies.
Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. Most shopping websites require that cookies be enabled in order to make online purchases. Disabling or blocking cookies will make it harder to use the Internet, especially for shopping purposes. If you choose to block cookies, you may still use the Site, but your ability to use some areas will be limited.
Web Server Logs. When you visit the Site certain third party service providers (e.g. web hosting companies) automatically log information that your browser sends us. This information is used to statistically analyze your visit for the purposes of internal server stats and may be shared, transferred, or sold as aggregate data to third parties.
Third Party Information. We may supplement information you provide us with information from other sources, such as information required to validate or update your address, payment or other information about you. This includes, but is not limited to, instances when you have authorized third parties to provide us with information.
Information Use. We may use the information we collect for the following purposes:
We provide an opt-out function within all email communications, or will cease to communicate with you if you contact us and tell us not to communicate with you. The only type of communications that you may not ''opt-out'' of are those required to communicate announcements related to the Site, including information specific to your account (See ''Accessing Your Information and Opt-in/Opt-out Requests'' section below).
If you believe that you have received an unsolicited email directly from us, please contact us at hello (at) benjacksonjr (dot) com.
Use of Your Information by Third Party Providers. To provide products and services to you, you agree that we may provide your personal information to our subsidiaries, affiliates, partners and/or third parties, including, but not limited to, web hosting companies, advertising companies, shipping companies, distributors, suppliers, and/or financial institutions (collectively "Administrative Service Providers"), including Administrative Service Providers outside the country or jurisdiction in which you reside.
To disable the Google Analytics cookie and any other third party web analytics service provider cookies, some browsers indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis (See ''Choice'' section below).
We expressly disclaim any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.
Forums and Blogs. We may allow you to transmit, submit or post information via discussion forums, blogs, and other means. Any information that is disclosed in these forums becomes public information which could be read, collected or used by other users. Please keep in mind that when you voluntarily make your personal information available for viewing by third parties online (e.g. message boards, web logs, through email, or in chat areas) that information instantly becomes public and can be read, collected and used by others besides us.
You agree that we may retain this information to provide customer support, solve technical problems, resolve disputes and in the event of a criminal investigation or a suspected illegal activity, we may (and you authorize us to) disclose any information to law enforcement or other government officials if required to do so by law, or by search warrant, subpoena or court order (See ''Information Disclosure'' section below).
You agree that we are not responsible for, and cannot control, the use by others of any information which you provide to them. We are not responsible for the content of any personal information or other information which you receive from other users on or through the Site, and you release us from any and all liability in connection with the use of any personal information or other information which you may receive on or through the Site.
Registration Data, Password and Account Security. In order to access certain features of the Site and Services, you may be required to create an account. You agree to provide accurate, current and complete information about you when prompted, and to promptly update that information as necessary. We will have no liability for failure to deliver notices that result from inaccurate account information.
You agree not to disclose your account login information and password to any third party nor to permit any third party to use your account. You must fully exit/log out from your account at the end of each session to help prevent access to your information from subsequent users. You are solely responsible for safeguarding your account login information and password, and are fully responsible for any activities or actions under your account and password, whether or not you have authorized such activities or actions. You must immediately notify us if you become aware of any unauthorized use of your account information and password or any other breach of your account security.
We reserve the right to cancel your account, deny you access to the Site, and destroy any material associated with your account without notice and liability. We are not liable for any loss or damage arising from your failure to comply with this section.
In the event of a change of ownership or other business transition, such as a merger, an acquisition by another company or sale of portion of our assets, your information may be assigned, transferred or sold in accordance with applicable privacy laws.
Subject to applicable law, we may (and you authorize us to) disclose any information about you if we are required to do so by law, regulation or legal process (e.g. subpoena, warrant or court order); we believe disclosure would be appropriate in response to verified requests by government entities, such as law enforcement authorities (with or without a subpoena, warrant or court order); we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; we believe in good faith that the disclosure of information is necessary to protect our rights or to prevent physical, financial or other harm, injury or loss or to report suspected or actual past, present, or future illegal activity.
Further, we can (and you authorize us to) disclose any information about you in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. We may also disclose aggregate visitor data in order to describe the use of the Site to our existing or potential business partners or other third parties.
Information Security, Integrity and Access. The information we collect is stored on servers that we control directly or through our Administrative Service Providers. Personal Information may only be accessed by persons within our organization, our Administrative Service Providers, or any other party that you have provided us with authorization to share such information with.
We protect your personal information through a combination of technological, organizational and procedural measures. We follow generally accepted industry standards to protect your personal information, both during transmission and after being received, however, due to the open nature of the Internet, we cannot guarantee that any information stored on our servers, or transmitted to or from you, will be free from unauthorized access, and we disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using the Site and submitting any information, you acknowledge and agree to assume these risks.
Email Opt-Out. You can unsubscribe from receiving specific types of communications by us or a third party on our behalf by following the unsubscribe instructions at the bottom of each communication. You cannot, however, unsubscribe from receiving certain communications (e.g. account/order status, purchase/billing and other business-related communications) unless you close your account and fulfill any existing contractual obligations.
To disable the Google Analytics cookie and other third party web analytics service provider cookies, you can choose to have your browser notify you when cookies are being written to your computer or accessed, or you can disable cookies entirely (See ''Cookies'' section above).
California Privacy Rights. California Civil Code Section 1798.83 (''Shine the Light'') permits California residents (who provide personal information when obtaining products or services for personal, family or household use) to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses.
We do not share customer information with third parties for their direct marketing purposes, and California's Shine the Light law therefore does not apply to the Site.
Reviewing, Updating and Modifying Personal Information. Upon request, a summary of any existing personal identifiable information that we may have retained about you and how that information is being used will be provided. You may also request that this information be changed, updated, corrected or deleted. If you choose to delete your information, opt-out of the collection and use of your information or choose to unsubscribe from receiving specific types of communications by us or a third party on our behalf, you understand that certain sections or services available on or through the Site may no longer be available to you. You agree that we without notice and liability may cancel your account, deny you access to the Site, and destroy any material associated with your account after we have processed this request.
Please note that we may require you to prove your identity before we supply any information and the information will be sent only to the email/postal address that is on file. We will use reasonable efforts to supply, correct or delete personal information about you in our files.
Send your request to hello (at) benjacksonjr (dot) com.
Data Retention. Federal and state regulations require that we maintain all information (including your personal information) we collect for various time periods. In order to comply with these regulations, we cannot delete your information from our database. You agree that we may retain and use your information only as long as reasonably necessary to fulfill the purpose for which it was collected, comply with our legal obligations, resolve disputes, and enforce our agreements.
Privacy of Children. We take the privacy of children seriously. The Site is not intended to be used by individuals under the age of majority within the jurisdiction within which they reside. We do not seek to, nor do we knowingly, collect information from anyone under the age of thirteen (13) or knowingly allow such persons to register for an online account or to post personal information on or through the Site. If we become aware that we have unknowingly collected Personal Information from a child under the age of thirteen (13), we will make commercially reasonable efforts to delete such information from our database.
International Users. By accessing this website or providing us information, you consent to the collection and use (as set forth in this policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us. Please note that the data protection and privacy laws of other countries, including the United States, may not afford you the same level of protection as those in your own country.
Order, Sales and Return Policy
Third Party Purchases. The Site may allow you to purchase products and services that are provided by third parties. You agree that we are not responsible for the quality, availability, reliability or any other aspect of these purchases. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and that third party.
You agree that we are not responsible or liable for any loss, damage, or other matter of any sort incurred as the result of any such purchase.
You release us from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from your purchase or use of any products or services found on or through the Site.
Pricing Policy. Price and product information can and will change without prior notice and may be out of date. This Site is not responsible for pricing and product information. For current price and product information please consult with the supplier. Please view the supplier's price policy where your transaction is handled before completing your purchase. If you have any questions concerning the pricing of your purchase please contact the supplier where your transaction is handled.
Return Policy. Please view the supplier's return policy where your transaction is handled before completing your purchase.
Shipping Policy. Please view the supplier's shipping policy where your transaction is handled before completing your purchase.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, please contact the supplier where your transaction is handled (See ''Use of Your Information by Third Party Websites'' section above).
Disclaimer of Warranties
General. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE SITE OR INFORMATION WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED ''AS IS'' AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE CONTENT AND THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE, THE CONTENT AND THE SERVICES REMAINS WITH YOU.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SITE AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND SUCH THIRD PARTY.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE THIS AGREEMENT.
Limitation of Liability and Remedies
Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, ITS OWNER, PARENT, SUBSIDIARIES, EMPLOYEES, SUPPLIERS NOR ANY OTHER PARTY INVOLVED IN OR CONNECTED TO THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY OR DEATH, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE KNOW OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE REMAINS WITH YOU.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH US, ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS IS TO DISCONTINUE ANY USE OF THE SITE.
YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF THE USE OF THE SITE SHALL BE LIMITED TO MONETARY DAMAGES AND SHALL INCLUDE NO INJUNCTION OR DIRECTION TO ANY PARTY OTHER THAN THE DIRECTION TO PAY A MONETARY AMOUNT NOT TO EXCEED THE AMOUNT YOU PAID FOR ANY PRODUCTS OR SERVICES THAT WERE OBTAINED DIRECTLY FROM US.
THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO AWARD PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY'S ACTUAL DAMAGES IN ANY ARBITRATION INITIATED UNDER THIS SECTION, EXCEPT AS MAY BE REQUIRED BY STATUTE.
THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INURE TO THE BENEFIT OF US, OUR AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THIS AGREEMENT DOES NOT EXCLUDE WARRANTIES OR CONDITIONS WHICH WE CANNOT, BY LAW, EXCLUDE AND DOES NOT EXCLUDE ANY LIABILITY WHICH ANY LAW REQUIRES US TO ACCEPT.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
YOU AGREE TO INDEMNIFY, KEEP INDEMNIFIED, DEFEND AND HOLD HARMLESS US AND OUR PARENT, COMPANIES, SUBSIDIARIES, AFFILIATES AND SUPPLIERS, TOGETHER WITH THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, CONTRACTORS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES, DEMANDS OR LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM, SUIT OR OTHER ACTION BY A THIRD PARTY (INCLUDING ANY INTELLECTUAL PROPERTY CLAIM) ARISING OUT OF OR BASED UPON YOUR USE OF, CONNECTION WITH OR CONDUCT ON THE SITE OR ANY BREACH BY YOU OF THIS AGREEMENT AND OR ANY OTHER MATTER RELATING TO THE SITE.
YOU FURTHER AGREE THAT YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIMS. THE INDEMNIFIED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR WRITTEN CONSENT.
Remedies, Waivers and Injunctions
Your sole and exclusive right and remedy with respect to any problems or dissatisfaction with us or the Site is to discontinue any use of the Site. All remedies whatsoever available to us are cumulative and non-exclusive. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. We shall not be required to post a bond or other security in order to obtain injunctive relief.
International Users and Export Restrictions
The Site, the Content and the Services are controlled, operated and administered by us from within the United States of America. You hereby agree to comply with all applicable local rules including, but not limited to, rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
We make no representation that the Site is appropriate or available for use in locations outside of the United States of America, and accessing them from territories where their contents are illegal is strictly prohibited. Those who access the Site from other locations do so on their own initiative and are solely responsible for compliance with all local laws.
Choice of Law and Venue
The Site is controlled by us in the State of Maryland, United States of America. Except for trademark and copyright matters governed by the federal laws of the United States, you agree that the laws of the State of Maryland govern this Agreement and any claim or dispute that you may have against us, without regard to conflicts of law principles.
We will be entitled to reimbursement for any and all costs incurred by us in defending any action filed or attempted to be filed in any jurisdiction outside the State of Maryland, including but not limited to, attorney's fees.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.
If any provision of this Agreement or any incorporated document is determined to be unlawful, void or unenforceable pursuant to applicable law, then the unlawful, void or unenforceable provision will be deemed superceded by a lawful, valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of this Agreement shall continue in full force and effect. If two or more provisions of this Agreement are deemed to conflict with each other's operation, we shall have the sole right to elect which provision remains in force.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
You agree that we, in our sole discretion without notice or liability, may terminate this Agreement at any time without explanation. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign any of your rights or delegate your obligations under this Agreement to any other person. Any purported assignment by you, by operation of law or otherwise, in contravention of the foregoing non-assignment provision shall be null and void. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
We may assign our rights and delegate our obligations under this Agreement without condition, in whole or in part, at any time with or without notice to you. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Disclaimer of Association With User
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or use of the Site. You further agree not to hold yourself out as a representative, agent, or employee of us or of the Site and we shall not be liable for any representation, act, or omission by you.
No Class Actions
To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you make against us arising out of, in connection with or in any way related to the Site will be resolved individually, without resort to any form of class action.
In the event of any action, suit, or proceeding arising from or based upon this Agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
Certain products or services offered by the Site, and certain areas within the Site may be governed by additional terms and conditions presented in conjunction with those products, services or areas. You must agree to be bound by these additional terms before using those products, services or areas. The additional terms and this Agreement shall apply equally. In the event of a conflict, the additional terms will govern for those products, services or areas.
You agree that this Agreement, including, without limitation, the limitations of liability herein, will be binding on you and all third parties, including, but not limited to, your successors, assigns, insurance carriers and any other individual or entity asserting any right or claim relating to your use of the Site.
In no event will we be liable to any third party, including, without limitation, any insurance carrier. We will not be liable for, and you waive, any subrogation claim brought by your insurance carrier on your behalf.
State or federal law may require us to notify you of certain events. We may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site. You agree that such notices will be effective upon our posting them on the Site or delivering them to you. You further agree that such communications shall constitute notice to you. We are not responsible for lost or misdirected communications.
All legal notices to us shall be in writing and sent by email to or delivered via certified postal mail to:
BenJacksonJr.com Legal NoticesPO Box 9507
Silver Spring MD 20916
The section titles used herein are displayed for convenience only and have no legal or contractual effect.
No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in this Agreement shall affect, or be used to interpret, change or restrict, the express terms and provisions herein.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
The failure or delay of us to exercise or enforce any right or provision of this Agreement does not waive our right to enforce that right or provision.
You will not settle any action or claims on our behalf without our prior written consent. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous agreements, discussions, representations, warranties, or understandings, if any, between the parties with respect to such subject matter.
Last updated: 8/4/2018
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.