BENNISSON PALM BEACH TERMS OF USE
The following Bennisson Palm Beach Terms of Use (“Terms”) apply to your access and use of the Bennisson Palm Beach websites, mobile sites and applications (collectively “Site” or “Sites”) and the content, features and services, including the purchase, or use of any Bennisson Palm Beach Services (“Services”).
Your access to and use of the Sites and Services are conditioned on your acceptance of and compliance with these Terms. If you do not agree to these Terms herein, you agree that you will not access or use the Sites and Services and you understand that you are prohibited from accessing any website or Services provided by Bennisson Company LLC d/b/a Bennisson Palm Beach, also referred to as the Company.
1. General
You are solely responsible for your use of the Company Sites and Services. You agree that you will not use the Company Sites and Services unless you can form a binding contract with the Company. Please read these Terms carefully before accessing or using any Sites or Services provided by the Company or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Company Affiliates”).
The Company may update or revise these Terms from time to time. You agree that you will review these Terms periodically. You are free to decide whether or not to accept a modified version of these Terms, but accepting these Terms as modified, is required for you to continue using the Sites and Services. If you do not agree to the modified Terms, you must terminate your use of the Sites and Services.
The Company Sites and Services are not intended for or directed towards children under 18 years of age. By accessing or using the Company Sites and Services, you affirm that you are over the age of 18.
2. Intellectual Property, Hyperlinks & Links to Other Websites
The Company Sites and Services and related content, including without limitation and third-party applications, and any other content on the Company Sites and Services and the copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company and/or its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and non-commercial use. The Company or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted hereunder is a violation of our intellectual property rights and can subject you to legal liability.
The Company Sites and Services may contain links to third-party websites. The fact that we provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third-party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit.
3. Security
No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. The Company makes no assurances regarding the security of your information.
4. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE COMPANY SITES OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE COMPANY SITES AND SERVICES.
5. Limitation of Liability
NEITHER THE COMPANY NOR THE COMPANY AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE COMPANY SITES AND SERVICES, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR SERVICES OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
6. Indemnification
As a condition of your use of the any of the Company Sites and Services, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Company Sites and Services; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Company Sites and Services.
7. Term and Termination
Except as otherwise specified herein, these Terms commence on your first use of any of the Company Sites and Services continue until you cease to use the Company Sites and Services or your subscription, if any, expires or has been terminated, whichever is later. Notwithstanding anything to the contrary herein, these Terms shall survive your expiration or termination of your subscription or use the Sites and Services.
The Company may terminate your access to and use of the Company Sites and Services at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Company Sites and Services after termination or notification of the same.
8. Arbitration Agreement and Jury Trial Waiver, Class Action Waiver, and Forum Selection Clause
You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Company or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
In the case of arbitration and where permitted by law, you are thus agreeing to GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
In the case of arbitration and where permitted by law, you and the Company must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR THE COMPANY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitrator shall honor claims of privilege and privacy recognized at law; (4) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (5) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (6) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Palm Beach County, Florida. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Palm Beach County, Florida in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Palm Beach County, Florida for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor the Company shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute shall be exclusively brought in state or federal court located in Palm Beach County, Florida. In such circumstances, the prevailing party shall be entitled to reimbursement of its reasonable attorneys’ fees and costs.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
9. Claims of Copyright Infringement on the Site
Under the Digital Millennium Copyright Act of 1998 (the DMCA), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site;(d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at www.copyright.gov (http://www.copy.right.gov).
Notices and counter-notices should be sent to Bennisson Company, LLC, 2250 Palm Beach Lakes Blvd., Suite 109, West Palm Beach, FL 33409 Bennisson Palm Beach here can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
It is our policy to terminate, in appropriate circumstances, repeat infringers’ access rights to the Site.
10. Miscellaneous
These Terms constitute the entire agreement between you and the Company relating to your use of the Company Sites and Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
PRIVACY POLICY
This Privacy Policy describes our practices regarding the information we collect on this and our other websites, including any website on which it appears (collectively, the “Online Services”).
This Privacy Policy only applies to our Online Services and does not apply to information collected or received through other means. This Privacy Policy does not apply to services, websites or mobile apps offered by third parties, even if this site links to those services or third parties.
This website and our Online Services are not directed to minors under the age of 18. You should not use this website or our Online Services if you are under the age of 18.
1. Information We Collect, Information You Provide
Visitors may choose to interact with our Online Services in ways that require the collection of personally identifying information. The amount and type of information that we gather depends on the nature of the interaction. For example, we may collect information that you provide when you:
• Register for an account;
• Communicate with us, such as to provide feedback, request support, or ask for additional information;
• Subscribe to newsletters, register for seminars or training, or purchase goods or services;
• Use interactive or social networking features of our Online Services, including setting up a public profile, submitting content (such as comments, articles, links, or other items), or using our chat feature; or
• Otherwise interact with or use our Online Services.
Through these interactions we may collect or receive your name, address, types of cars you like and contact information such as phone number or email address. If you place an order, we will collect your payment details, such as payment card information.
Automatically Collected Information
Like most website operators, we collect information of the sort that web browsers and servers typically make available, such as your IP address, your browser type, information regarding your internet service provider or the type of device you used to access this website, language preference, pages visited, and the date and time of each page request. Additionally, if you navigated from or navigate to other websites from our Online Services, we may collect the address of those websites.
Data Technologies
We may collect information about your activities on this site through the use of cookies, clear gifs or web beacons, local shared objects or Flash cookies, or through other identifiers or technologies, including similar technologies as they may evolve over time. We refer to these technologies collectively as Data Technologies. We use Data Technologies to help us identify and track visitors, their usage of our Online Services, and their website access preferences.
We may allow third parties to use Data Technologies on our site. The information collected from these Data Technologies may be shared with and used by us, by others acting on our behalf, or by third parties. Information collected by Data Technologies may be used on this website or on other websites, services, or online applications, including websites that may not be operated by us. For example, we may partner with third party ad networks to either display advertising on our website or to manage our advertising on other sites. These ad-network partners use Data Technologies to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests. These websites and third-party ad networks are not controlled by us.
You may be able to restrict our use of certain Data Technologies, such as cookies, by modifying your browser settings. For example, your web browser may enable you to refuse cookies. By restricting our use of Data Technologies, certain features of our Online Services may not function properly.
Information from Other Sources
We may obtain information about you from third parties. This information may include information about your use of our Online Services, your use of other websites, your interests and preferences, and other information. For example, we may collect information about your browsing and usage history on this site. We may combine the information we obtain from third parties with information that we or our affiliates have collected about you.
2. How We Use the Information We Collect or Receive
We and others acting on our behalf may use the information that we collect or receive about you to operate our business, including our Online Services. For example, we may:
• Deliver, administer, and improve the services, products and features that we provide to you and others;
• Perform research and analysis aimed at improving our products, services and technologies, and for marketing, financial, operational or other purposes;
• Display content and advertising that are customized to your interests and preferences;
• Comply with applicable laws or our policies;
• Prevent fraud, theft, or injury to you, us, or others;
• Contact you, including through telephone, fax, text, or chat; and
• Communicate with you about our Online Services, about products or services you’ve purchased, and additional products and services you may find of value.
In some cases, we may publicly display information about you, or display your information to other users or visitors of our Online Services. For example, if you send us a request (such as via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. In addition, we may post, publish, or otherwise publicly display or use content you post in our online groups aka social media groups including for our own promotional or marketing purposes. We may also aggregate information about you and combine it with information on other visitors or users of our Online Services. We may display this information publicly or provide it to others.
3. How We Share Information We DO NOT SELL YOUR INFORMATION.
We may share with others the information that we collect or receive, including our employees, affiliates, contractors, service providers, and marketing partners (including analytics companies and advertising networks who provide Data Technologies on our website).
Other parties may collect personally identifiable information about your online activities over time and across different websites when you use our site or online services. In addition, we may share information we have collected from you, including personal information, in connection with the sale or merger of our business or the transfer of our assets.
We may also use and share information, including with law enforcement or as required by law, in order to:
• Protect or defend our (and our affiliates’) interests, legal rights or property;
• Protect the rights, interests, safety and security of users of this and other websites and applications we make available;
• Protect the rights, interests, safety and security of members of the public;
• Combat fraud, theft, and or injury, or for risk management purposes; and
• Comply with prudent legal, data privacy, or data security practice as we may determine, or to comply with applicable law or legal process.
4. Updates to this Privacy Policy
From time to time, we may change this Privacy Policy. We will post the revised version of our Privacy Policy here, so we suggest that you check here periodically for the most up-to-date version of our Privacy Policy. If we make changes to or update this Privacy Policy, we will revise the Effective Date at the top of this page.
5. How to contact us
If you have any questions regarding this Privacy Policy or any of the practices described in this Privacy Policy, you can contact us at [email protected] or write to us at: Bennisson Company, LLC, 2250 Palm Beach Lakes Bvld., Suite 109, West Palm Beach, FL 33409.
6. Dispute Resolution
Any disputes regarding this Privacy Policy will be resolved as set forth in Paragraph 11 of the Terms.