Terms of use

PRIVACY POLICY

Benebodyoil.com’s use of any information you provide us is governed by our Privacy Policy.

PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Use, you shall not knowingly post, transmit, redistribute, upload, or promote any Communication, Content or materials to or from the Site that (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory, or otherwise violate any right of any third party; (c) are likely to upset, embarrass, alarm, inconvenience or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals or entities; (f) contain false or misleading information, or impersonate any individual or entity, including our company and our employees and agents or are likely to deceive any person; (g) encourage conduct that would constitute a criminal offense; (h) involve commercial activities, sales, contests, sweepstakes and other sales promotions, barter or advertising; (i) give the impression that they emanate from or are endorsed by us or any other individual or entity if this is not the case; (j) give rise to civil liability; (k) collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl, or scrape the Site, or interfere with or circumvent the security features of the Site, other websites, or the Internet; (l) otherwise violate any law; or (m) amount to any conduct that, in the judgment of Benebodyoil.com, is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Site, or may harm Benebodyoil.com or users of the Site or expose them to liability.

In addition to any remedies that we may have at law or in equity, if Benebodyoil.com determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) ARE PROVIDED BY BENEBODYOIL.COM ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, OR MATERIALS INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BENEBODYOIL.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

IN NO EVENT SHALL BENEBODYOIL.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH BENEBODYOIL.COM’S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.

INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold Benebodyoil.com, our subsidiaries, affiliates, successors and assigns, its licensors and service providers, and its/their respective officers, directors, partners, employees, contractors, agents, licensors, and suppliers harmless from and against any claim or demand, including reasonable attorneys’ fees, resulting from your use of the Site and/or your breach of the Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, and/or resulting from any and all content you submit to Benebodyoil.com and/or the Site. Benebodyoil.com shall provide notice to you of any such claim, suit or proceeding.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.

GENERAL
These Terms of Use, including all documents referenced herein, represent the entire understanding between you and us regarding your relationship with Benebodyoil.com and supersedes any prior statements or representations (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held to be invalid, unlawful, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and all agreements and notices incorporated herein may be automatically assigned by us in our sole discretion, to a third party. You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void. The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, and dispute resolution, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms, shall survive the expiration or termination of these Terms.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.

GOVERNING LAW AND JURISDICTION
By accessing or using the Site, you agree that the Site, these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and Benebodyoil.com will be governed by and construed in accordance with applicable federal law, and the laws of the State of Texas, without regard to principles of conflicts or choice of law. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Austin, Texas, USA, for all disputes arising out of or relating to the Site, these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and us that are heard in court (excluding arbitration and small claims court). Benebodyoil.com makes no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 19.

ELECTRONIC COMMUNICATIONS
When you use the Site, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by email, text, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTERNATIONAL LAW
We control, operate, and administer the Site from the United States. We make no representation that any material on our Site is appropriate or available for use outside of the United States. Illegal access to the Site from territories where their content is illegal is prohibited. You may not use the Site or export it in violation of U.S. export laws, rules, and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

SITE POLICIES; CHANGES TO SITE AND TERMS OF USE
Please review our other policies, such as our Privacy Policy posted on this Site. These policies also govern your use of the Site any products or services sold or distributed by Benebodyoil.com or through the Site. We may terminate, change, suspend or discontinue any aspect of this Site, in whole or in part, including the availability of any features of this Site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms or other policies, in whole or in part, at any time and without notice. We may terminate any authorization and rights given above at any time and without notice. Your continued use of this Site after any changes to these Terms are posted on the Site will be considered acceptance of those changes. In the event that you do not agree to any changes or modifications of these Terms, you should not continue to use the Site.

Disputes
Except as otherwise expressly set forth in these Terms of Use, any dispute, claim or controversy at law or equity relating in any way to these Terms of Use, our Privacy Policy, any products or services sold or distributed by Benebodyoil.com or through the Site, your use of the Site, or to and any dispute of any sort that might arise between you and us (each a “Claim”) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In order to expedite and control the cost of disputes, you and we agree that any Claim will be resolved as follows:

Informal Resolution:
Most disputes can be resolved without resort to litigation. You can reach our customer service department at info@Benebodyoil.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our customer service department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief. A Notice to Benebodyoil.com should be sent to: Benebodyoil.com Legal Department at 2000 Windy Terrace, Building #13C, Cedar Park, TX 78613. After the Notice is received, you and we may attempt to resolve the Claim informally.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18 (A).

Formal Resolution by Binding Arbitration:
READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any Benebodyoil.com or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration shall be governed by the Federal Arbitration Act.

If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Informal Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve Claims, subject to the terms set forth below. By agreeing to arbitration, both you and we understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and we each agree to settle disputes (except certain small claims or as otherwise set forth in these Terms) only by arbitration. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.

(1) Binding Arbitration: Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider, the Federal Arbitration Act, and federal arbitration law shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. If the arbitration is administered by the AAA, it shall be administered under the AAA’s Consumer Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable). To start an arbitration proceeding, submit a Demand for Arbitration that complies with the requirements of the AAA Consumer Arbitration Rules to the AAA and mail a copy to us. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any Claims where the total amount of the award sought is $25,000 or less, the Claims will be resolved through binding non-appearance-based arbitration unless the arbitrator finds good cause to hold an in-person hearing instead. For Claims where the total amount of the award sought is more than $25,000, the right to a hearing will be determined by the ADR Provider’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider, except as otherwise required or allowed by the ADR Provider’s rules. You acknowledge and agree that we may be entitled to reimbursement of our AAA, arbitrator’s, and/or attorney’s fees and expenses from you in the event the arbitrator finds the arbitration frivolous, brought for an improper purpose, or otherwise determines that we are entitled to such reimbursement.

(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(4) Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also bring an individual action in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

(5) Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Claims (except as expressly excluded in this Formal Resolution by Binding Arbitration section) shall be resolved by binding arbitration. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL (including, but not limited to, any Claims, counterclaims, cross-claims, or third party claims), instead electing that the dispute be resolved by a judge. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

(6) Waiver of Class or Consolidated Actions: ALL CLAIMS MUST BE ARBITRATED OR LITIGATED, AS THE CASE MAY BE, ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY CLAIM OF ANY OTHER CUSTOMER, USER OR PARTY, WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS, REPRESENTATIVE ACTION, OR OTHERWISE. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

These Terms govern to the extent they conflict with the ADR Provider’s rules, including, but not limited to, the AAA’s Consumer Arbitration Rules.

Time to Bring Your Claim:
ANY CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE (INCLUDING THE PURCHASE OF ANY PRODUCT VIA THE SITE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OF CLAIM IS PERMANENTLY BARRED.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18(C).

Exclusions and Limitation; Consumer Protection Notice
If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 11, 12, 13, 14, 18(A), and 18(C) do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Benebodyoil.com reserves all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 18(B) (Formal Resolution by Arbitration).