IMPORTANT: Acceptance of Terms, Assumption of Risk, Release, and Indemnification
By making any payment for, purchasing, submitting an item for, accessing, or otherwise using the digital verification service (the “Service”), Customer acknowledges that Customer has read, understands, and agrees to be legally bound by these Terms of Service. Payment for the Service constitutes Customer’s affirmative acceptance of these Terms, whether or not Customer has separately signed or acknowledged them. If Customer does not agree to these Terms, Customer must not purchase or use the Service.
1. Nature and limitations of the service. Customer acknowledges that the digital verification service (the “Service”) is based solely upon photographs, videos, descriptions, serial or reference numbers, documentation, database records, algorithmic analysis, and other information submitted by Customer or available to Bennisson Industries LLC at the time of review. The Service does not include physical possession, opening, disassembly, laboratory testing, manufacturer confirmation, title verification, or inspection of components that are concealed, altered, replaced, or not accurately depicted, unless expressly stated in the applicable report.
Any conclusion, score, designation, report, certificate, or opinion produced through the Service (collectively, an “Verification Result”) represents a limited, good-faith assessment as of the date issued—not a guarantee or warranty of authenticity, originality, condition, provenance, ownership, legal title, merchantability, value, future performance, or acceptance by any manufacturer, marketplace, insurer, dealer, governmental authority, or other third party. A Verification Result is not an appraisal, warranty, insurance policy, financial recommendation, or legal opinion. Subsequent physical examination, newly discovered information, changes to industry standards, or technological developments may produce a different conclusion.
2. Customer representations and assumption of risk. Customer represents and warrants that all materials and information submitted are complete, accurate, lawfully obtained, and not misleading; that Customer has the authority and all necessary rights and permissions to submit them; and that the item ultimately purchased, sold, insured, listed, or otherwise transacted upon is the same item depicted and analyzed through the Service. Customer assumes all risks arising from:
(a) incomplete, inaccurate, manipulated, outdated, or misleading submissions;
(b) concealed defects, undisclosed modifications, counterfeit or replacement components, or “Frankenwatch” construction not reasonably detectable through a digital review;
(c) relying upon a Verification Result as the sole basis for purchasing, selling, pricing, financing, insuring, shipping, repairing, or otherwise dealing with an item; and
(d) any substitution, alteration, damage, or change to the item before or after the Service is performed.
Customer is responsible for conducting appropriate due diligence and obtaining a physical inspection when warranted by the item’s value, complexity, condition, or transaction risk.
3. Release and waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER, ON BEHALF OF CUSTOMER AND CUSTOMER’S HEIRS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, KNOWINGLY RELEASES, WAIVES, AND DISCHARGES Bennisson Industries LLC and Horologix LLC, ITS AFFILIATES, LICENSORS, TECHNOLOGY PROVIDERS, DATA PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, OR EXPENSES ARISING FROM OR RELATING TO:
(a) an inaccurate, incomplete, inconclusive, or subsequently revised Verification Result;
(b) Customer’s or any third party’s reliance upon or use of an Verification Result;
(c) an item’s authenticity, originality, condition, provenance, title, ownership, legality, value, performance, or component composition; or
(d) any transaction, listing, shipment, payment, financing, insurance decision, warranty claim, resale, or other activity involving the item.
This release applies whether the asserted claim sounds in contract, tort, negligence, misrepresentation, strict liability, statute, or otherwise. It does not apply to liability resulting from a Released Party’s fraud, willful misconduct, gross negligence, or any liability that cannot lawfully be waived.
4. Customer indemnification. Customer shall defend, indemnify, and hold harmless the Released Parties from and against all third-party claims, demands, investigations, proceedings, judgments, settlements, losses, liabilities, damages, penalties, and reasonable attorneys’ fees and costs arising from or relating to:
(a) Customer’s breach of these Terms or applicable law;
(b) inaccurate, incomplete, manipulated, unlawfully obtained, or misleading information or materials supplied by Customer;
(c) Customer’s unauthorized use, alteration, reproduction, publication, transfer, or misrepresentation of a Verification Result;
(d) Customer’s representation that a Verification Result constitutes a guarantee, warranty, appraisal, insurance coverage, manufacturer certification, or verification of legal title;
(e) the purchase, sale, listing, marketing, financing, insurance, shipment, possession, or transfer of an item by Customer; or
(f) allegations that materials submitted by Customer infringe privacy, intellectual-property, publicity, ownership, or other third-party rights.
Bennisson Industries LLC shall provide Customer with reasonably prompt notice of an indemnified claim and may participate in or assume control of its defense with counsel of its choosing. Customer may not settle any claim in a manner that admits wrongdoing by, imposes an obligation upon, or adversely affects a Released Party without that party’s prior written consent.
5. Acceptance of Terms; Payment Constitutes Agreement. Customer acknowledges and agrees that making payment for the Service, submitting an item for review, accessing a Verification Result, or otherwise using the Service constitutes Customer’s knowing and voluntary acceptance of these Terms of Service. Customer expressly agrees that payment for the Service is deemed Customer’s electronic acceptance of these Terms, regardless of whether Customer separately checks a box, signs a document, or otherwise provides an additional acknowledgment.
Electronic acceptance shall have the same force and effect as a handwritten signature. Customer further acknowledges that Customer has had a reasonable opportunity to review these Terms before making payment or using the Service. Florida law generally recognizes electronic contracts and electronic signatures under the Uniform Electronic Transaction Act, Florida Statutes § 668.50.