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Terms & Conditions
Welcome to the Benny’s.bz site. Benny’s requests that you carefully read the Terms and Conditions before using the Benny’s.bz site. Benny’s Home Centers, Inc. ("Benny’s") provides services to you subject to the following Terms and Conditions. By using the Benny’s.bz Web site, you agree to follow and be bound by these Terms and Conditions and our Privacy and Security Policies without modification.
Use of the Site
Bennys.bz may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Benny’s and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Benny’s believes that customer conduct violates applicable law or is harmful to the interests of Benny’s and its subsidiaries.
Information You Submit
Cautionary Statement Regarding Forward-Looking Language
Statements made on this Site include "forward-looking statements," as such are provided for by the Private Securities Litigation Reform Act of 1995 (the "Act"). All statements other than those reciting historic fact are statements that could be "forward-looking statements" under the Act. Such forward-looking statements may be found in, among other places, the discussions, presentations, or comments from management regarding Benny’s future operations and performance; proposed new locations, products, services, or developments; conditions or performance of the domestic economy; and any statement of an assumption underlying any of the foregoing. Statements containing words such as "expects," "plans," "strategy," "projects," "believes," "opportunity," "anticipates," "desires," and similar expressions are intended to highlight or indicate "forward-looking statements." Although Benny’s believes that the expectations, opinions, projections, and comments reflected in its forward-looking statements are reasonable, it can give no assurance that such statements will prove to be correct. A wide variety of potential risks, uncertainties, and other factors could materially affect Benny’s ability to achieve the results expressed or implied by such forward-looking statements including, but not limited to, changes in general economic conditions such as interest rate and currency fluctuations, rising gas prices, and other factors which can negatively affect customers, as well as Benny’s ability to: (i) respond to a decreases in the number of new housing starts and the level of repairs, remodeling, and additions to existing homes, as well as general reduction in commercial building activity; (ii) secure, develop, and otherwise implement new technologies and processes designed to enhance efficiency and competitiveness; (iii) attract, train, and retain highly-qualified associates; (iv) locate, secure, and develop new sites for store development; (v) respond to fluctuations in the prices and availability of services, supplies, and products; (vi) respond to the growth and impact of competition; (vii) address legal and regulatory matters; and (viii) respond to unanticipated weather conditions. Additional information regarding the risks and uncertainties which affect Benny’s operations and economic results can be found in its filings with the Securities and Exchange Commission.
Benny’s may also make employment information available through this Site. Benny’s is an equal opportunity employer. Benny’s provides equal employment opportunities to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. Benny’s policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF BENNY’S OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of Benny’s or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Benny’s and protected by U.S. and international copyright laws. Benny’s grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this site is strictly prohibited.
Product Information and Warranties
At Benny’s we carry the Brand Names You Know and Trust. Unless indicated otherwise, most products and services featured on the site are available directly from or through Benny’s. Benny’s has made a conscientious effort to display and describe its products and services on the site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Benny’s is constantly improving its information, products and services. Consequently, Benny’s cannot and does not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Products and services are the responsibility of the manufacturer or provider of those services and are covered by the warranties offered by such manufacturers or providers. Warranty information regarding any products and services featured on the Bennys.bz site are available at no cost to you by e-mailing firstname.lastname@example.org, by calling Benny’s Customer Service department at (501) 227- 2126, or writing Attn: Customer Service, Benny’s Enterprises Ltd., P.O. Box 215, Belize City, Belize.
Acceptance of Orders
RECEIVING AN ORDER ACKNOWLEDGEMENT VIA E-MAIL DOES NOT GUARANTEE THE ACCEPTANCE OF AN ORDER. Bennys.bz RESERVES THE RIGHT TO LIMIT THE QUANTITY OF ITEMS ORDERED AND/OR REFUSE TO SELL TO ANY CUSTOMER.
Risk of Loss
ALL ITEMS PURCHASED FROM Bennys.bz ARE MADE PURSUANT TO A SHIPMENT CONTRACT. THIS MEANS THAT THE RISK OF LOSS AND TITLE FOR SUCH ITEMS PASS TO YOU UPON OUR DELIVERY TO THE CARRIER.
Links to Other Web Sites
The Bennys.bz site may contain links to other Web sites so that you may learn more about the products available at Benny’s and other matters that Benny’s feels may be of interest to you. Benny’s is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Benny’s of the site or any association with its operators. While Benny’s will make commercially reasonable efforts to ensure that these Web sites will meet your approval, Benny’s does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Benny’s Web site is linked. Benny’s makes no representations whatsoever about any other site you may access through Bennys.bz. Any concerns regarding any product or service offered by a Web site to which the Bennys.bz site is linked or the link itself should be directed to the operator of that specific Web site and not to Benny’s.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE IS PROVIDED BY BENNY’S ON AN "AS IS" BASIS. BENNY’S AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BENNY’S AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. BENNY’S AND ITS SUBSIDIARIES WILL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BENNY’S OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Bennys.bz®, Benny’s Enterprises Ltd.®, Benny’s Homecenter®, Benny’s Wholesale Depot®, Benny's Bargain Center®, Tropical Colors®, Benny's Cash Giveaway®, Benny's Tile Gallery®, Benny's Bluelight Specials®, Benny's Discount Club®, Benny's Pop-up Specials®, Task Force®, Top Choice®, Garden Plus®, Holiday®, Main Street®, Aquasource™, Custom Size Now™, Designables™, Holiday Living™, Portfolio™, Nottingham™, Outdoor Living and Design™, Press 'N Go™ and Severe Weather™ are registered trademarks of LF, LLC, in the Belize and other countries and may not be used in connection with any product or service that is not Benny’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Benny’s.
You agree that this agreement and your use of this Site are governed by the laws of Belize. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Belize in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Benny’s has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
With the prior agreement of Benny’s, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the Belize Arbitration Association and any such arbitration proceedings shall be brought and held in Belize. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that Benny’s may at any time and without notice change the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Benny’s as a result of this agreement or your use of this Site.
Benny’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Benny’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Benny’s with respect to such use.
This agreement, the Privacy and Security Statement, and terms of sale constitute the entire agreement between you and Benny’s with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Benny’s with respect to this Site. No modification of this agreement shall be effective unless it is authored by Benny’s, or unless it is physically signed in blue ink by a Benny’s executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Benny’s in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Benny’s in printed form.
All other trademarks not owned by Benny’s or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Benny’s or its subsidiaries or affiliates.