Terms of Service

last UpDATED – 13 October 2022

These Terms of Service govern your use of the website located at https://www.bensonmakes.com and any related services or sub domains provided by Bensonmakes, or Aaron Benson.

By accessing https://www.bensonmakes.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Bensonmakes.

Bensonmakes (or Aaron Benson, collectively referred in this document to as “us” or “we”), reserves the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  2. remove any copyright or other proprietary notations from any materials and software on this website;
  3. transfer the materials to another person or “mirror” the materials on any other server;
  4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Bensonmakes provides;
  5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use this website or its associated services in violation of any applicable laws or regulations;
  7. use this website in conjunction with sending unauthorised advertising or spam;
  8. harvest, collect or gather user data without the user’s consent; or
  9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Bensonmakes and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Bensonmakes at any time.

Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, Bensonmakes makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Bensonmakes or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Bensonmakes or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In no case shall Bensonmakes, Aaron Benson, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Bensonmakes does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Bensonmakes has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Bensonmakes of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Indemnification

You agree to indemnify, defend and hold harmless Bensonmakes and our, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Ontario, Canada. You agree to irrevocably submit to the exclusive jurisdiction of the courts of Ontario, Canada.

Contact Us (me)

For any questions or concerns regarding these Terms of Service, you may contact us using the contact form provided at https://www.bensonmakes.com/contact/