Benjamin Capital Partners, Inc. (together with our affiliates, “Benjamin”, “we”, “our” or “us”) offers a website located at www.benjaminone.com (the “Site”), and a platform and related products, services, content and features through web-based platform and mobile device applications, including iOS and Android applications (each, an “App,” and collectively the “Apps”), and social media pages (including Facebook, Instagram, X, LinkedIn, YouTube and others). You acknowledge that these Terms are between you and us only and that we, and not Apple Inc. or Google LLC (collectively, the “App Providers”), are solely responsible for the Apps, including providing any maintenance or support for the Apps and any product liability, intellectual property infringement, consumer protection, or privacy claims you may have regarding the Apps.

The Apps, the Site, any Benjamin-controlled social media pages, and the Benjamin Rewards Program (described below) are collectively called the “Services”. By downloading, visiting, browsing, or using the Services in any way, users (“user,” “you” or “your”) accept and agree to be bound by these Terms of Service (“Terms”), which form a binding agreement between you and Benjamin. If you do not wish to be bound by these Terms, do not use the Services.‍ 

Terms

1.       Important Information About Us and the Services.  Benjamin is a technology company; we are not and have never been a bank or depository institution.  The Services allow you to interact with brands and merchants we’ve partnered with to earn Rewards that can be redeemed by you under certain conditions. By interacting with those brands and merchants through the use of the Services, you are authorizing us to share certain of your information with them and for them to potentially contact you. The Services are and have always been a rewards program, and the Rewards earned by you through the Services are at all times promotional, have no cash value, and can only be redeemed in accordance with these Terms. Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.

2.       Changes to the Services.  We reserve the right to change or modify the Services, these Terms, and/or any policy, FAQ, or guideline pertaining to the Services, in whole or in part, including without limitation canceling, modifying, restricting, or terminating the Services, at any time and in our sole discretion.  Any changes or modifications will be set forth in these Terms and will be effective immediately, so please check back from time to time. Unless required otherwise by applicable law, you waive any right you may have to receive specific notice of such changes or modifications and/or provide additional consent, and your continued access to or participation in the Services following any such changes or modifications confirms your acceptance.

3.       Financial Incentives; Privacy.  The Services are a financial incentive program. While use of the Services is free and voluntary, we are entitled to use and/or disclose the personal information you provide during the Account creation process, as well as gathered as part of your use of the Services, in exchange for providing the financial incentives and benefits offered by the Services. Additional information regarding the manner by which we collect, disclose, and protect your personal information is set out in the Benjamin Privacy Policy located at www.benjaminone.com/privacy-policy. By using the Services, you consent to our collection, use, and disclosure of your personal information in accordance with our Privacy Policy.

4.       Eligibility and Use of Services. The Services are intended to be used by legal residents of the United States and D.C. who are at least 18 years of age or the age of majority in the jurisdiction of their residence. UNDER NO CIRCUMSTANCES MAY ANY USER SOLICIT OR SUBMIT TO BENJAMIN OR THE SERVICES ANY PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13.

We may, in our sole discretion, refuse to offer the Services to any person or entity at any time.

Subject to your compliance with these Terms, Benjamin grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Services for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else.

5.       Your Account. To enjoy full access to Benjamin Services available to you, you must download the App and create an account (your “Account”). All information that you provide to Benjamin and to any third parties in connection with your use of the Services must be accurate and complete, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information.

To create an Account, you must have a U.S.-based, non-VoIP mobile phone number and provide all information requested by us, such as your name, phone number, email address, and payment account information (“User Information”). Each individual user of the Services may only have one Account. You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information.

You must notify us if any of your User Information changes. If you fail to keep your User Information up to date, we may suspend or terminate your Account in our discretion.

You may not use someone else’s name, or any name, location, other public profile information, or image in a manner that violates that party’s rights, is against the law, or that is offensive, obscene, or otherwise objectionable in Benjamin’s sole discretion. By using photos with the Services, you represent and warrant to Benjamin that you have taken the photos yourself, you own all copyright, intellectual property rights and other rights to the photos, or that you have received the express written permission from all relevant rights holder(s). If other persons appear in the photos, you represent and warrant that you have received express permission from all such persons to take their photo and to publish the photo in the Services in accordance with these Terms. DO NOT PROVIDE ANY PHOTOS THAT CONTAIN THE IMAGE OF ANY MINORS UNDER 18 YEARS OLD.

‍Benjamin may, in Benjamin’s sole discretion, suspend, disable, or delete your Account (or any part thereof), terminate your Account, or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Benjamin determines that you have violated these Terms or that your conduct or User Content would tend to damage Benjamin’s reputation or goodwill. If Benjamin deletes your Account or terminates your Account, you may not re-register for or use the Services under any other user name or profile without the express written consent of Benjamin. Benjamin may block your access to the Services to prevent re-⁠registration.

If you wish to terminate your Account and your right to use the Services at any time, please visit your Profile > Settings > Delete Account.  If you have issues in deleting your account please reach out to our Member Services for assistance by clicking Resources > Help.

Upon termination/deletion of your Account for any reason, whether by you or by us, all Rewards that may have accrued in your Account are immediately cancelled and forfeited.

6.       Account Security. You are responsible for all activity that occurs in connection with your Account, including any activity by unauthorized users. You may not allow others to use your Account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your Account after using the Services. If you become aware of unauthorized access to your Account, please change your password and notify us immediately at benjaminsupport@benjaminone.com.

7.       Benjamin Rewards Program. The ways in which you can earn and redeem Rewards are described in this section.  Additional terms and conditions related to a particular Offer (defined below) and/or any associated Rewards may be presented to you during the process of Account creation and/or the description of an Offer, and such additional terms and conditions are incorporated into and made part of that Offer.

a)       Definitions. When used herein, the following terms have the following meanings:

i.         “Card Networks” – Visa, Mastercard and American Express (where applicable).

ii.       “Linked Card” – an eligible payment card that is enrolled in the Benjamin Rewards Program.

iii.     “Partner” or “Participating Brand” or “Participating Merchant” – a brand or merchant partner that is available and participating in the Benjamin Rewards Program and has offers available to you. The list of Partners, Participating Brands and Participating Merchants may change from time to time, and a current list may be found in the App.

iv.     “Qualified or Qualifying Transaction” – a transaction meeting the criteria of the Benjamin Rewards Program to qualify for Rewards.

v.       “Service Providers” – the Service Provider(s) providing transaction data for the Benjamin Rewards Program, including but not limited to Plaid Technologies, Inc., and such others as we may engage from time to time.

b)      Card Linking.

i.         Linking Your Payment Card

A.      In order to receive cash back or rewards from us for a Qualifying Transaction of goods or services from a Participating Merchant, or for referring other users to download our application (if applicable – see Section 9 below), you must link at least one eligible debit or credit card (a “Payment Card”) to your Account (once linked, it is a Linked Card). Please note that not all debit and credit cards are eligible to be linked to your Account. All determinations as to whether a card is eligible to be a Linked Card are at our sole discretion. For example, certain Visa, Mastercard, and American Express cards are not eligible to be linked to your Account, including, but not limited to, the following: prepaid cards, corporate cards, purchasing cards, store cards which can only be used at their respective retailers’ stores, government-administered prepaid cards (including Electronic Benefit (EBT) cards), healthcare cards (including Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, and insurance prepaid cards), Visa Buxx, and cards that are not processed through the Visa U.S.A payment system, the Mastercard payment system, or the American Express payment system. In order to be eligible as a Linked Card, it must be issued by a U.S. bank. In addition, you may not be able to link a debit or credit card to your Account if the card is already linked to certain other card-linked-offer programs offered by us or by third parties.

B.      If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card if you want the transaction to be a Qualified Transaction and be available for view or action in the Benjamin Rewards Program.

C.      Benjamin is in the process of optimizing a number of its features for our members and implementing a number of features designed to reduce fraud. Rewards for activity on your Linked Card will be subject to a maximum allowable amount (or cap) of USD $0.30 per transaction and USD $3.00 per month. These maximums may change depending on a variety of factors as determined in Benjamin's discretion. Benjamin will use reasonable best efforts to update these Terms to reflect the current maximums/caps.

ii.       Use of Linked Cards and Transaction Information

A.      By linking a card (i.e., registering a Linked Card) and in order to enable us to provide the Services, you authorize us to share your payment information for your Linked Card with Service Providers; any Card Networks with which your Linked Card is affiliated; and banks, financial intermediaries, and providers of payment processing services (together the “Card-Related Parties”). In particular, you authorize the Card-Related Parties to monitor transactions on your Linked Card(s) to identify Qualifying Transactions from Participating Merchants in order to determine whether you have qualified for or earned an offer linked to your Linked Card, and for the Card-Related Parties to share such transaction details with us to enable your card-linked offer(s) and target offers that may be of interest to you. The data collected includes your registered card identifier, merchant location, transaction date/time and amount. You agree that we and the Card-Related Parties may view transactions made by you with Participating Merchants. You authorize Participating Merchants to provide us with historical transaction data.

B.      We may also use Service Providers to monitor transactions on your Linked Card(s) as discussed above. By using the Services, you grant us and Service Providers the right, power and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored and processed by Service Providers in accordance with such Service Providers’ respective Privacy Policy(ies).

C.      You acknowledge that the Card Networks and Card-Related Parties may be unable to monitor every transaction made with your Linked Card, including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that such transactions are not eligible to be considered Qualifying Transactions.

iii.     Opting Out of Transaction Monitoring. For more information on how we use your Linked Card transaction information, see the “Benjamin Rewards Program” section of the Privacy Policy. You may opt-out of transaction monitoring on the Linked Card(s) you have registered by de-linking them through the Services or by terminating your Account. Please note that if you opt-out of transaction monitoring, certain features of the Services may not be available to you or the performance of certain features of the Services may be limited or not work at all.

iv.     Receipt Scanning. Receipt scanning technology is not always accurate. If you see an error, please consult the in-App process to resolve this inaccuracy. If this does not resolve the issue, please contact Member Services. You are responsible for reviewing your scanned receipts to confirm accuracy. Neither we nor any Partner, Participating Brand, or Participating Merchant are responsible for any inaccuracies in this process, and resolution through the in-App process and through the Member Services team is your sole remedy.

c)       Earning Rewards.  Benjamin may make available to you from time to time through the Services, offers on certain third-party products and services (each an “Offer”).  Not all Offers may be available to all users at any given time.  When you interact or transact through the Service, you can accumulate rewards in your Benjamin Account (“Rewards”). Each Offer may be subject to additional terms and conditions and may be discontinued by Benjamin at any time without notice. At any time and in Benjamin’s sole discretion, Benjamin may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine whether or not you have earned Rewards; or (iii) adjust your Rewards total to accurately and fairly reflect the Rewards that you have actually earned. Benjamin may, in its sole discretion, deduct from your Benjamin Account any Rewards that Benjamin determines you have not earned or you have earned in violation of these Terms. Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards except as made available by Benjamin.

d)      Rewards Status. Rewards offered or provided by Benjamin are owned exclusively by Benjamin as a rebate on Benjamin Rewards Program members’ transactions. The Reward balance displayed to you in your Account is a representation of the rebate funds potentially allocated to you. Benjamin retains all rights to those funds and reserves the right to adjust your Rewards balance at any time. Benjamin reserves the rights to hold or reclaim any Rewards in its sole discretion. Your Rewards balance (or any part of it) is not transferable and cannot be combined with Rewards of any other user.

e)      Redeeming Rewards.

i.         Pending Period.  Benjamin receives compensation from its Partners, Participating Brands, and Participating Merchants, as well as through other means, and Benjamin relies on receiving this compensation to fund the redemption of Rewards. Because of this, when you earn Rewards, the rate at which those Rewards update from pending to available to redeem will vary depending on the particular partner, their policies and reporting schedules, the nature of the transaction, and other fraud risk factors. Once Rewards update from pending to available, those Rewards will become eligible for redemption (“Eligible Rewards”). Regardless of whether Rewards are pending or available for redemption, no form of “interest” accrues on Rewards.

ii.       Minimum Redemption Threshold.  No Rewards may be redeemed unless you have a balance of Eligible Rewards with a redemption value of at least $25.00 (the “Minimum Redemption Threshold”).  We reserve the right to adjust the Minimum Redemption Threshold from time to time at our discretion and without advance notice.

iii.     How to Redeem.  Specific instructions on how to redeem Eligible Rewards and receive money for such redemption are included within the App and in the Help section of the Site, but all redemptions are subject to the following:

A.      Beginning December 3, 2025, whenever your Eligible Reward balance exceeds the Minimum Redemption Threshold, you may redeem up to your entire Eligible Reward balance, subject to our right, in our sole discretion, to limit the amount of Eligible Rewards that you can redeem in any given period of time or for any particular transaction.

B.      Certain redemption options are provided by licensed money transmitters authorized by Benjamin to operate in connection with the Services (e.g., PayPal, Inc.) (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to redeem Eligible Rewards through an Authorized Money Transmitter, you further agree (I) that Benjamin is acting as your agent with respect to the payment processing, and (II) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.

C.      Rewards may be rescinded, at our discretion, in the event that a Qualifying Transaction is refunded or cancelled for any reason and/or if we reasonably suspect that the Rewards earned and claimed for a particular Offer were obtained through fraudulent means. If you earn Rewards with a Qualifying Transaction that is later refunded or cancelled, or if we reasonably suspect that you earned Rewards through fraudulent means, and you have already redeemed the Rewards earned for that activity, Benjamin may do any combination of the following: (I) cancel the Qualifying Transaction, (II) interrupt delivery of any redeemed items, (III) withhold subsequent Rewards earned, (IV) refund the Qualifying Transaction amount less Rewards redeemed, or (V) deduct funds from your Account, which may result in a negative balance in your Account. Furthermore, Benjamin reserves the right to deduct future Rewards earned from your Account to satisfy any amount you may otherwise owe Benjamin under these Terms. Alternatively, Benjamin reserves the right to suspend your Account until it is brought current.

D.      If you elect to close your Account and you have Eligible Rewards that meet or exceed the Minimum Redemption Threshold, you will be expected to redeem such Rewards prior to closing your Account; failure to do so will result in forfeiture and cancellation of those Rewards.  If your Account is closed and your Eligible Rewards balance is less than the Minimum Redemption Threshold, all Rewards in your Account will be forfeited and cancelled.

f)       Account Inactivity/Abandonment. By creating an Account, we expect you to engage with and use the Services. Your failure to either earn Rewards or redeem Rewards (each of the foregoing referred to as a “Qualifying Activity”) for a period of ninety (90) consecutive days will result in your account being deemed abandoned, at which point your Account will be deactivated and any Rewards balance accrued in the Account will be forfeited and cancelled. If your Account shows no Qualifying Activities for a period of sixty (60) consecutive days, we will send you a notification reminding you that your Account will be deactivated in thirty (30) days unless you take action. Should you fail to engage in any Qualifying Activities through the expiration of that 30-day notice period, your Account will be deactivated and your Rewards balance will be forfeited and cancelled. Forfeited or cancelled Rewards cannot be restored. You can reactivate your deactivated Benjamin account by logging in and earning new Rewards. By reactivating your account, you agree to the then-current Terms.

8.       Referral Bonuses. We offer bonus Rewards for certain types of referrals or other activities as described in this Section.  Any bonus Rewards earned under this section will be treated the same way as Rewards earned under Section 7 above for purposes of redemption, etc. Please note that there may be different types of bonuses available, and the specific bonus applicable to you (and your referral if applicable) at the time will be displayed within the App.

a)       Referral Bonus Based on Qualifying Transactions. If (i) you have an active and valid Account in good standing, (ii) you invite someone to join the Benjamin Rewards Program using your specific referral link, and (iii) the person you invite creates a valid Account in the Benjamin Rewards Program within 90 days of your invitation through the use of your referral link by entering your referral code during the Account creation process (note that if the person does not sign up with your referral link and use your referral code, you will not be entitled to a bonus), then you and your referral will each be eligible to receive a referral bonus, the amount of which will be determined by us in our sole discretion but which will be visible within the App. The referral bonus Rewards will appear in your Account and your referral’s Account when the person you referred (x) links an eligible Payment Card to their Account, and (y) makes one or more Qualifying Transactions with the Linked Card that total at least $1,000 within the first 90 days of creating their Account. We reserve the right to modify the amount of the referral bonus and the terms and conditions for the referral program at any time without prior notice.

b)      Referral Bonus Based on Task Completion.

i.         Benjamin may, at its sole discretion, divide the eligibility for the referral bonus into separate tasks or milestones to be completed by you and/or the person you referred. The rules and requirements for these tasks or milestones, including but not limited to the specific tasks or milestones to be completed, the bonus amounts, and any time limitations, will be outlined within the App. These rules and requirements may be subject to change at any time without prior notice.

ii.       To be eligible for the referral bonus divided into tasks or milestones, both you and the person you referred must have valid and active Benjamin accounts in good standing. All tasks and milestones must be completed in accordance with the specific rules and requirements outlined within the app. The referral bonus, divided into tasks or milestones, will be awarded upon the successful completion of the required tasks or milestones, as determined by the Benjamin in its sole discretion. We reserve the right to modify or discontinue the referral bonus structure and amounts, including dividing it into tasks or milestones, at any time without prior notice.

c)       Termination; Modification. Benjamin reserves the right to modify or terminate the referral bonus programs described above at any time, in its sole discretion.

d)      Transparency. If and when soliciting potential referrals, you must be properly transparent that you are soliciting such referral as part of an incentivized bonus Reward program. This can be done via an explanation of the relationship or by clearly and conspicuously using a commonly understood hashtag such as #Sponsored.

e)      Disqualifying Activities. You will not be eligible to earn bonus Rewards under this section if you invite other users who share the same mobile device or if they create multiple Accounts in an effort to earn bonus Rewards for inviting themselves. While you are welcome to promote the referral program to your friends and family, we reserve the right to request that you remove your referral code from any public website or forum if we believe that it is being used in a way that is inconsistent with these Terms. Such actions shall be grounds for us to terminate your account, rescind any bonus Rewards, reverse or correct Rewards balances, or take other actions as we deem appropriate. We may require you to furnish proof of how you made referrals, including screenshots of where you made referrals, and if you are unable to do so to our satisfaction, we reserve the right to decline to award bonus Rewards to you or to rescind bonus Rewards, demand repayment of bonus Rewards credited to you, or take other remedial actions as we deem appropriate.

f)        Referred Persons’ Information. As part of seeking bonus Rewards for referrals, you may submit information about other persons (“Referred Persons”), including without limitation their names, email addresses, social media networks, street addresses, and other contact information, so that they may receive information about and/or promotional offers concerning the Services, including any referral bonus program in place at the time. You may only refer persons that have given you permission, and you are responsible for informing all Referred Persons that communications may be sent to them from the Services on your behalf. You must have obtained the consent of all Referred Persons prior to providing us with their information, and you represent and warrant that Benjamin will have the right to send communications to Referred Persons without violating the privacy rights of such individuals.

g)       Limitations on Referrals. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted, but you may ask us to delete it. A Referred Person must be of legal age of majority in his/her/their jurisdiction of residence, and be able to register for and use the Services. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it/they appears to be on any of our “do not contact” or “do not e-mail” lists. We may also reject the participation of any Referred Person if (i) the contact information provided by you is incorrect or not valid, (ii) such individual has violated any provision of these Terms, or (iii) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party. We specifically disclaim any liability for such rejection.  Further, if you engage in improper behavior with respect to any bonus referral program, as we determine in our sole discretion, we may discontinue providing the Services to you.

h)      Confirmation. We may, but are not required to, send you a confirmation to inform you that a Referred Person has registered for an Account.

9.       Taxes, Fees & Charges. Depending on applicable federal, state, and local tax laws, your redemption of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your redemption of Rewards. You are solely responsible for any tax liability (including fees, penalties, or fines) incurred by Benjamin as a result of your action or inaction in connection with the foregoing. You agree that Benjamin is authorized to offset such tax liability against any redemption by you of Rewards. In connection with your use of the Services, you also agree to pay all applicable taxes, fees, and other charges owed by you to third parties for products and services made available to you through use of the Services. You may be asked to provide a payment method (such as a credit, charge or debit card number) in order to activate your Account, along with other payment information, to one of our third party payment processor(s). You authorize our payment processor to charge your payment method for any charges for products or services you purchase in connection with use of the Services.

10.   User Content.

a)       For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any content that users (including you) provide to be made available through the Services. Content includes, without limitation, User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Services.

b)      ‍As between you and Benjamin, you represent that you own (or have all rights necessary to grant Benjamin the rights below to) all User Content that you submit to the Services, and that Benjamin will not need to obtain licenses from any third party or pay royalties to any third party in order to use such User Content. You grant Benjamin a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes.

11.   Restrictions on Use of Services. By using the Services, you agree not to do any of the following:

·         Reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services, or any part thereof, unless expressly permitted in writing by an authorized representative of Benjamin;

·         Post, upload, publish, submit or transmit any User Content (defined below) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity; (vii) exploits minors or (viii) promotes illegal or harmful activities or substances;

·         Use, display, mirror or frame the Services or any individual element within the Services, Benjamin’s name, any Benjamin trademark, logo or other proprietary information, without Benjamin’s express written consent; nor alter, modify and/or remove any copyright or other proprietary notice associated with the Services;

·         Access, tamper with, or use non-public areas of the Services, Benjamin’s computer systems, or the technical delivery systems of Benjamin’s providers;

·         Attempt to probe, scan or test the vulnerability of any Benjamin system or network or breach any security or authentication measures;

·         Attempt to access, scrape or search the Services or Content (defined below) or download Content from the Services, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by Benjamin or other generally available third-party web browsers;

·         Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by Benjamin;

·         Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

·         Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

·         Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without Benjamin’s express written consent;

·         Impersonate or misrepresent your affiliation with any person or entity;

·         Violate any applicable law or regulation; or

·         Encourage or enable any other individual to do any of the foregoing.

‍We reserve the right, but are not obligated, to remove or disable access to the Services and/or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, determine that a user has violated these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

12.   Our Communications with You. By using the Services, you agree to allow us to communicate via mail, email, phone, in-App messaging, external websites, and various other channels. You may opt out of receiving such communications by responding and asking to opt-out or by contacting benjaminsupport@benjaminone.com.

If permission is granted by you, we may also communicate via SMS or text messages (“Text Messages”) from us and our marketing partners.  We may use these channels to communicate your Account status, notify you when you have earned a Reward, communicate changes to the Services, offer special promotions, information and offerings that may be of interest to you, and more. By consenting to receive Text Messages:

·         Message and data rates may apply.

·         You expressly authorize us to use automatic telephone dialing system (“ATDS”) or non-ATDS technology to send Text Messages to the phone number you have identified.

·         You authorize us to use Text Messages to send you marketing or promotional content related to our Services.

·         Opting in to receive Text Messages is not a condition of any purchase or receiving any of our Services.

·         You can opt out of receiving Text Messages at any time. Just text STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE in response to any Text Message you receive.  After you send the Text Message opting out of receiving future Text Messages, we will send you a final Text Message to confirm that you have been opted out of future communications. If you want to join again, text START to the five-digit code from which you had received a Text Message, or opt back in via the App.

·         If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance.

·         We are not responsible for delayed or undelivered Text Messages.

We may revise, modify, or amend the above at any time.  Any such revision, modification, or amendment shall take effect when it is posted to the Site.  Your continued consent to receive Text Messages from us will indicate your acceptance of those changes. We may also notify you by other means, such as by sending you a Text Message if you have not opted out of receiving Text Messages.

13.   Feedback and Suggestions. Any communication or other material that you send to us, such as any questions, comments, feedback, suggestions, testimonials, or the like, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, operating, developing, and improving the Services. As further described herein, you are solely responsible for all information you send to us, including, without limitation, its accuracy, truthfulness and non-infringement of any other party’s legal rights.

14.   No Warranties. THE SERVICES AND ALL MATERIALS ON THE SITE AND THE APPS ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE AND THE CARD NETWORKS, SERVICE PROVIDERS, PLAID, PARTNERS, PARTICIPATING BRANDS, AND PARTICIPATING MERCHANTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE SERVICES OR THE PRODUCTS, INFORMATION, OPINIONS, OR MATERIALS AVAILABLE THROUGH THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE SERVICES BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER WE NOR THE CARD NETWORKS, SERVICE PROVIDERS, PLAID, PARTNERS, PARTICIPATING BRANDS, OR PARTICIPATING MERCHANTS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 16 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SERVICES SHALL BE TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP PROVIDERS PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE APPS. 

15.   Indemnity. To the extent permitted under applicable law, you agree to indemnify, defend, and hold us and our subsidiaries and affiliates, the Card Networks, Service Providers, Plaid, and our Partners, Participating Brands, and Participating Merchants, and the officers, agents, employees, contractors, partners, and licensors of each, and harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including without limitation reasonable outside attorneys’ fees, due to, relating to, or arising out of: (a) your use or misuse of the Services and/or your Account; (b) your violation of these Terms; (c) any Content you provide; (d) your negligence, fraud, or willful misconduct; and/or (e) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify us against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of your Account.

16.   Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIALS, SERVICES, AND/OR PRODUCTS WE HAVE PROVIDED TO YOU THROUGH THE SERVICES, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (B) ANY ACTION TAKEN BY OR IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE SERVICES; AND (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES, THE BENJAMIN SITE, THE APPS, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (i) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (ii) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (iii) VIRUSES.

IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SERVICES, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TWENTY UNITED STATES DOLLARS ($20.00). BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE USED THE SERVICES WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

17.   Governing Law and Venue. Subject to Section 18 below, these Terms are governed by and will be construed under the laws of the State of New York, without regard to the conflicts of law provisions thereof. Any dispute arising from or relating to the subject matter of these Terms that is not subject to Section 18 below shall be finally settled in a court of competent jurisdiction in the State of New York, New York County. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York County, New York.

18.   Arbitration/Dispute Resolution.

a)       MANDATORY BINDING ARBITRATION. You and we acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and we agree that, except for (i) statutory or common law claims related to intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms, your relationship to us, and/or your use of the Services or any products or services acquired from us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

b)      Waiver of Class Actions. YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.

c)       Conduct of Arbitration; Governing Rules. Arbitrations for any disputes between you and us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, where applicable, and the Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”), except that you and we agree that the Mass Arbitration Supplementary Rules shall apply where (i) ten or more Consumer or Employment/Workplace or similar Demands for Arbitration (“Demand(s)”) are filed against or on behalf of the same party or related parties, or (ii) fifteen or more non-Consumer/non-Employment/Workplace or similar Demands are filed against or on behalf of the same party or related parties. For more information about arbitration, the AAA, and the arbitration process, please consult the American Arbitration Association website at http://www.adr.org. All issues are for the arbitrator to decide, except those issues relating to the scope, application, and enforceability of the arbitration provision – including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision – are for the court to decide. New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, including procedural aspects of the arbitration, and further agree that the California Arbitration Act, including without limitation Code of Civil Procedure §§ 1281.97-1281.99, shall not apply in the arbitration or any related court proceeding to enforce the right to arbitration. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth (i) the factual and legal basis for the claim; (ii) contact information for the potential claimant and their counsel, if any; and (iii) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide Notice of a claim to us, write to benjaminsupport@benjaminone.com and use subject line “Notice of Claim”.

Unless you and we agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. All provisions of this section shall survive termination of your Account or your relationship with us.

19.   Time Limit on Claims. You agree that any claim you may have arising out of or related to your use of the Services or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

20.   Third Party Sites and Apps. Some links in or on the Site or in the Apps may navigate you away from the Site or the Apps or redirect you to other websites, including websites operated by us and/or by third parties. The linked websites operated by third parties are not under our control, and the content available on the linked third party websites do not necessarily reflect our opinion or imply our recommendation or endorsement of the linked third party website or the opinions expressed therein. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information from or about you as well as information about your visit. You should review the terms of use and privacy policies that are posted on any linked website that you visit before using it.

We are providing these links to other websites as a convenience to you, and access to any websites linked to the Site or the Apps is at your own risk. We are under no obligation to maintain any link on the Site or the Apps and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.

21.   Third-Party Merchants. The Services may enable you to order and receive products, information and services from third-party merchants that are not affiliated with or controlled by Benjamin. All matters concerning such products, information and services are solely between you and such merchants. Benjamin does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. Benjamin will not be a party to and is not responsible for monitoring any transaction between you and such third-party merchants, or for ensuring the confidentiality of your credit card information. Any charges or obligations you incur in your dealings with these third-party merchants are your sole responsibility.

22.   Trademarks and Intellectual Property. All trademarks, service marks and logos that are used or displayed on the Site or the Apps are owned by us or their respective third-party owners. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks, or logos used on the Site or in the Apps may be a violation of trademark laws. Additionally, our custom icons, graphics, logos, and scripting on the Site or in the Apps may be covered by trademark, trade dress, copyright, and/or other proprietary rights, and may not be copied, modified, or used, in whole or in part, without our prior written permission. Our partners or service providers may also have additional proprietary rights in certain Content that they make available through the Services. All rights not expressly granted in these Terms are reserved by Benjamin.

The Services, its software, features and functionality, and all of Benjamin’s Content, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Benjamin or its licensors, as the case may be, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. As between you and Benjamin, Benjamin owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Services. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Services, including use of any such Content on any other website or networked computer environment, is strictly prohibited.

The Benjamin name, logos and affiliated properties, designs and marks are the exclusive property of Benjamin, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.

23.   Copyright Infringement Notification. If content that you own or have rights to has been posted to the Site without your permission and you want it removed, please follow the steps listed in this section. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. We will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Site should be sent to us at:

By Mail:

Benjamin Capital Partners

902 Clint Moore Rd, Suite #132

Boca Raton, FL 33487

Attn:  Customer Service/DMCA

By Email: benjaminsupport@benjaminone.com with subject line “Attn: Customer Service/DMCA”

To be effective, the notification must be in writing and contain the following information:

·         an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

·         a description of the copyrighted work or other intellectual property that you claim has been infringed;

·         a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it;

·         your address, telephone number, and email address;

·         a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

·         a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to us:

·         your physical or electronic signature;

·         identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

·         a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

·         your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within Newy York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, we will send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

24.   Notices. All notices required or permitted under these Terms to us will be in writing and sent by certified mail, return receipt requested, or by reputable overnight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in Section 12 above and/or by posting updates to these Terms. The notice address for Company is Benjamin Capital Partners, 902 Clintmore Rd., Suite 132, Boca Raton, FL 33487, or benjaminsupport@benjaminone.com. Any notice sent in the manner set forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the U.S. mail, (ii) in the case of overnight courier or hand delivery, upon delivery, and (iii) in the case of electronic delivery or posting on the Site or in the App, immediately upon transmission or posting. We may change our notice address by giving written notice to you by the means specified in this Section.

25.   Miscellaneous.

a)       Entire Agreement. These Terms represent the entire understanding between Benjamin and you regarding the Services and/or Content and supersede all prior agreements and understandings regarding the same. These Terms cannot be amended except by a writing signed by both parties or by our posting of an updated version of these Terms.

b)      Force Majeure. Neither you nor Benjamin shall be liable for any failure or delay in performance under these Terms for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, pandemics and epidemics, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.

c)       Severability and Waiver. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be modified to the extent required to make it enforceable or alternatively will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms. Our rights and remedies hereunder are cumulative and not exclusive.

d)      Assignment and Binding Nature. We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent, and any assignment in violation of this prohibition will be null and void. These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.

e)      Survival. Any provision of these Terms which by its nature is required to survive beyond termination of your Account will so survive.

f)        Questions. If you have any questions about these Terms or the Services, please email us at benjaminsupport@benjaminone.com.