Terms and Conditions

All products sold on BennieBlends.com are sold by Bennie Blends. (“Bennie Blends") is a provider of dietary supplements. Bennie Blends is proud of its online efforts and is committed to maintaining the highest standards possible. This Terms of Use document allows our valued customers to feel comfortable knowing that Bennie Blends recognizes and supports the rights of its customers and users of the Site.

The website www.BennieBlends.com (including its forums, wiki and other web resources, hereinafter referred to as, “Site”) is owned and operated by Bennie Blends. This website is for your personal, non-commercial use only. The Site is not intended to offer any medical advice or opinions, either implied or explicit, and should not be used as such or as a substitute for advice from a medical professional. While the Site offers information about Bennie Blends products, consumers should always read the label before taking the purchased product and should consult a doctor before starting any diet, supplement or exercise program.

 

Acceptance of Terms of Use

By using, visiting, or browsing the Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to these Terms of Use, please do not use our services, purchase our products or visit our Site. These Terms of Use constitute the entire agreement between Bennie Blends and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of these Terms of Use.

 

Changes to the Terms of Use

Bennie Blends reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. You are bound by such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound. You can review the most current version of the Terms of Use at any time by clicking on the “Terms of Use” hyperlink located at the bottom of the pages on the Site. By using the Site, you signify your acceptance of this Terms of Use. Your use of the Site after changes are made signifies your agreement and assent to be bound by the Terms of Use as they exist at that time.

 

BennieBlends.com —Terms of Offer

By placing an order through this website, you agree to the terms and conditions set for the below. Please read through these terms carefully before placing your order and print a copy for future reference. Please also read our Privacy Policy regarding personal information provided by you, which is incorporated herein by reference.

  

Health Disclaimer

Any statements on this site or any materials or supplements distributed or sold by Bennie Blends have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions we suggest consulting with a physician before using any of our products. The results on all products are not typical and not everyone will experience these results.

 

GUARANTEE AND WARRANTY

In addition to the other disclaimer of warranties and limitation of liability set forth herein, the Bennie Blends product is sold ‘as is’ and without any warranty or guarantee of any kind, whether express or implied. The Bennie Blends product is being sold to you with no warranty as to merchantability or fitness for a particular purpose. Bennie Blends doesn’t warrant or guarantee anything to you with respect to the Bennie Blends product. There is no ‘warranty period’. 

However, without waiving any rights and defenses as described herein, in the event that the Bennie Blends product is deemed to be allegedly defective in the sole opinion and discretion of Bennie Blends, then the sole and exclusive remedy available to you is to accept a replacement of the Bennie Blends product or accept a credit toward the purchase of another product, if any, that may be offered by Bennie Blends from time to time at Bennie Blends’s sole discretion. The period of time within which you must submit a report by email detailing in what way the Bennie Blends product is defective and requesting that a replacement product be shipped or requesting a refund is 30 days from the date of the initial placement of the order that resulted in the receipt of the allegedly defective product. During this initial 30 day period, you may request and will receive a refund for any reason. During this initial 30 day period, you may request a replacement product in lieu of a refund which request may be granted by Bennie Blends, but Bennie Blends is and will continue to be under no obligation to do anything other than offer a refund to you in the amount of the initial product purchase price.

If the sales or promotional material conflict with this “as is” warranty, then the sales and promotional material are herewith incorporated and shall be controlling. However, in no case, shall the warranty period be construed to be longer than the refund period.

 

SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT

 If claims about results from using the Company’s products were made and considered by you, you understand and acknowledge that such claims may be true for the persons who made the claims, including claims made by the Company about its principals’ own experiences with the Company’s products. If you are purchasing and/or using the Company’s products as a product that was promoted for a particular purpose and if the promotional materials make claims about the results from the use of such product, you hereby warrant and agree that there exists some probability that the product will not deliver those same results to any particular person and that the refund of the purchase price (subject to the return of the product to the Company as described herein) is the full remedy for anyone who feels that the product did not deliver the results claimed.

Where this disclaimer and claims made in sales and promotional materials describing details pertaining to the Company are in conflict, the Terms of Use and Purchase Agreement / Purchase Order (if any) shall be controlling except, and unless, the Company deliberately misled you. The sole burden is exclusively upon you to substantiate any deliberate deception allegedly committed by the Company that, in specified ways, caused you to purchase the Company’s products on one or more occasions. You accept the obligation to reimburse the Company for all costs, including, without limitation, court costs, investigation costs, attorney fees, and all litigation-related costs in the event you bring suit against the Company (or its affiliates, managers, members, officers, agents or representatives) and you do not prevail in court or at arbitration.

No warranties are made whatsoever about the Company’s product and you warrant that you have a clear understanding that your sole and only course of action is to test the Company’s product within the extent of the refund period, and if you are not satisfied prior to expiration of the refund period set forth herein, then to properly request a refund from the Company in the manner set forth herein and subject to other relevant terms and conditions.

You, again, warrant that you have a clear understanding and agree that in any event, for any reason, no matter the amount of damages claimed, as a material part of the consideration for purchase of a the Company product, the maximum amount of liability shall be the purchase price of such product.

 

RIGHT TO STOP SELLING COMPANY PRODUCTS TO CERTAIN PURCHASERS

You agree that the Company has the absolute and sole right to continue and/or discontinue the sale of the Company’s products at any time, for any reason, with or without notice, subject only to the return policy set forth herein. You understand that the Company may discontinue providing customer service to current or prospective purchasers of the Company at any time with or without notice subject only to the return policy set forth herein.

 

Intellectual Property

The Site and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, trademarks and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United Kingdom, the United States and the EU, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of the Company and/or its affiliates including Bennie Blends.

 

Copyrights

The copyright in all materials provided on the Site is owned by the Company and/or its affiliate(s). Subject to the following exception, none of the material contained in the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of the Company. Site visitors may only view, copy, print, and download the materials on the Site for personal, noncommercial use only, provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. The Company may revoke any of the foregoing rights at any time. Upon termination of any rights granted hereunder, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are either registered or unregistered Trademarks of the Company or its affiliate(s) or used under license. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark displayed on the Site without the prior written consent of the Trademark owner. The name Bennie Blends or any of the Trademarks may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Site without the prior written consent of the Company. The Company prohibits use of its name or any of the Company’s or any of its affiliate’s logos and Trademarks as a “hot” link to any non-Company (or Company affiliate) Site, unless establishment of such link is approved in advance by the Company in writing. Your use of the Site does not provide you with ownership rights to any Intellectual Property viewed through the Site nor does it waive any of the Company’s rights in such information and materials. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law.

 

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form, or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Site. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Site other than for your personal use; and unauthorized framing or linking to the Site will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.

 

Site User Conduct

You must be 18 years of age or older to access our Site. As a user of the Site, you agree that in connection with your use of the Site and the content you will not:

Upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable in the Company’s sole and absolute discretion;

Impersonate any person or entity, including, but not limited to, any athlete, medical professional, government regulator, competitor, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Site;

Use the Site for any unlawful purpose;

Upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;

Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

Interfere with or disrupt the Site, the services, the content or servers or networks connected to the Site, the services or the content, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site, the services, and/or the content, the terms of which are incorporated herein;

Intentionally or unintentionally violate any applicable local, state, national, supranational or international law.

Termination

The Company reserves the right to terminate your access to the Site or any of its products or services if it determines that you do not comply with these Terms of Use; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of the Company’s rights or interests in its Site, products, services, or other property; or for any or no reason whatsoever without prior notice to you. Upon termination, you must cease use of the Company Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

 

User Submissions

The Company or any of its affiliates are free to use, and you hereby grant the Company a royalty-free, worldwide, perpetual, and irrevocable license (with the right to sublicense) to use any comments, information, suggestions, messages, ideas, concepts, reviews, or techniques contained in any communication you may send to the Site without any compensation, acknowledgement, or payment to you for any purpose whatsoever including, but not limited to, manufacturing, developing, marketing, and selling products and services, and creating, modifying or improving the Site or other web sites. Furthermore, by posting any information on our Site, you further grant the Company and its affiliates (including Bennie Blends) a royalty-free, worldwide, perpetual, irrevocable license (with the right to sublicense) to display, use, reproduce, or modify that information.

 

Disclaimer of Warranty

THE MATERIALS AND PRODUCTS CONTAINED AND SOLD THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATIONS OF RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITES; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS OR MATERIALS ON ANY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES (INCLUDING ), OR ITS OR THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, USE OF THE PRODUCTS OFFERED BY THE COMPANY OR ITS AFFILIATES (INCLUDING ), LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE PRODUCTS OFFERED BY THE COMPANY OR ITS AFFILIATES (INCLUDING ) OR THE MATERIALS ON THE SITE, EVEN IF THE COMPANY, ITS AFFILIATES OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Links

The Site may provide links to other World Wide Web sites or resources. The Company has not reviewed these sites and is not responsible for the accuracy, content, privacy policies or availability of information found on sites that link to or from any Company Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Company Sites or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Company (and its affiliates, employees, managers, members, officers, attorneys, agents and other representatives) with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Neither the Company nor its affiliates or any of the Company’s or its affiliate’s employees, managers, members, officers, attorneys or agents shall be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of third-party material or third-party sites that are linked to this Site. No link to the Site may be framed to the extent that such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Site must be to www.BennieBlends.com. Deep linking to internal pages of this Site is expressly prohibited without prior written consent from the Company.

 

Resale and Gifts

You may not commercially resell any products purchased from Bennie Blends. and/or through the Site, but you may give such products as a personal gift. These Terms and Conditions will also apply to any gift recipient.

 

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its affiliates (including, without limitation, Bennie Blends) and it and their respective officers, managers, members, attorneys, employees, agents and other representatives, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Site or your breach of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

 

Choice of Law

You agree that any issue or dispute arising out of or in connection with your use of our Site, intellectual property, the Terms of Use, or any matter concerning the Company shall be governed by the laws of the United States. You agree that any such issue or dispute shall be brought exclusively in the courts located in the United States. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect to the extent possible.

By using the Site, you agree to comply with all applicable laws and regulations, including, without limitation, those of the United States. The material provided on the Site is protected by law including, but not limited to, United States, United Kingdom and EU copyright and trademark law and international treaties. The Company makes no representation that materials contained in the Sited are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site, or purchase or use the Company products, in or from other locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

 

Copyright and Trademark Notices

All contents of the Site are copyrighted Bennie Blends ©2015