Last Updated: April 2024
Welcome to BenCap America! These terms and conditions govern your use of www.bencapamerica.com (our “Site”) and any services provided therein, operated by BenCap America, Inc. (“BenCap America”, “we”, “us”, or “our”). By accessing or using our Site, you agree to these terms and conditions. If you do not agree with any part of these terms, please refrain from using our Site.
1. Use of Our Site
1.1. Acceptance: By using our Site, you agree to comply with these terms and conditions.
1.2. Eligibility: You must be at least 18 years old to use our Site. By using our Site, you affirm that you are at least 18 years old.
1.3. Account: Some features of our Site may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
1.4. Prohibited Activities: You agree not to engage in any of the following prohibited activities:
2. Content
2.1. Ownership: All content on our Site, including but not limited to text, graphics, logos, images, and software, is owned or licensed by BenCap America and is protected by copyright, trademark, and other intellectual property laws.
2.2. Use of Content: You may access and use the content on our Site for personal, non-commercial purposes only. You may not modify, reproduce, distribute, display, or create derivative works based on any content from our Site without our prior written consent.
3. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose your information.
4. Third-Party Links
Our Site may contain links to third-party websites or services that are not owned or controlled by BenCap America. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
5. Disclaimer
5.1. Accuracy: While we strive to provide accurate and up-to-date information on our Site, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose.
5.2. Use at Your Own Risk: Your use of our Site is at your own risk. We shall not be liable for any loss or damage, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of our Site.
6. Changes to Terms and Conditions
We reserve the right to modify or replace these terms and conditions at any time. Your continued use of our Site after any such changes constitutes acceptance of the new terms and conditions. Please review these terms and conditions periodically for updates.
7. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions.
8. Indemnification
You agree to defend, indemnify, and hold harmless BenCap America, its subsidiaries and affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of this Site, including, but not limited to, any use of Site Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from this Site. BenCap America reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification, and in such case, you agree to cooperate with BenCap America in the defense of any such claim.
9. Communication Consent
You confirm that the information provided to BenCap America is accurate. By providing this information, you agree to be contacted at the provided numbers/addresses. You consent to receive electronic communications from us (including our vendors) via telephone, email, or website notices.
10. Limitation of Liability:
BenCap America strives to provide accurate and up-to-date information on its website; however, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
In no event shall BenCap America be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses resulting from (i) the use or inability to use the website; (ii) any content obtained from the website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party; or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not BenCap America is advised of the possibility of such damages.
This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. If you are dissatisfied with any portion of the website, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the website.
11. Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in accordance with the rules of the American Arbitration Association (AAA) then in effect, by one arbitrator appointed in accordance with said rules.
The arbitration shall be conducted in the English language. The arbitral tribunal's award shall be final and binding upon the parties. The parties agree that the arbitration proceedings, testimony, discovery, and documents filed in the course of such proceedings, as well as the existence of the arbitration itself, shall be kept strictly confidential.
The arbitration shall take place in Nashville, Tennessee, unless the parties mutually agree otherwise. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, specific performance of any term hereof, provided that any such relief shall be consistent with the terms of these Terms and Conditions.
The prevailing party in any arbitration or litigation arising out of or relating to these Terms and Conditions shall be entitled to recover its reasonable attorneys' fees and costs.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent or enjoin a breach or threatened breach of these Terms and Conditions in any court of competent jurisdiction.
By agreeing to arbitration, the parties acknowledge that they are waiving their right to a jury trial and to participate in a class action lawsuit regarding any disputes covered by this arbitration provision.
This arbitration clause shall survive termination or expiration of these Terms and Conditions.
12. Contact Us
If you have any questions about these terms and conditions, please contact us at:
BenCap America, Inc. Attention: General Counsel 3322 West End Ave Suite 120 Nashville, TN 37203 Email: don@bencapamerica.com
By using our Site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
Copyright © 2024 BenCap America - All Rights Reserved.
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