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Terms and Conditions

INTRODUCTION
Welcome to Bennettauto.com. This site is provided by Bennett Auto Supply, Inc. solely for the purpose of providing information about Bennettauto.com.  This site is owned and maintained by Bennett Auto Supply, Inc.  The mailing address for Bennett Auto Supply, Inc. is 3141 S.W. 10th Street, Pompano Beach, FL 33069.  The web-master for bennettauto.com may be reached at webmaster@bennettauto.biz.

ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Except as otherwise set forth herein or agreed to between you and Bennettauto.com, these terms and conditions (“Terms and Conditions”) govern your use of the Bennettauto.com website, (the “Site”) and any products purchased from Bennettauto.com using the Site (the “Products”). By accessing and using the Site, you acknowledge that you have read and unconditionally agree to follow and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site.

REVISIONS TO TERMS AND CONDITIONS
Please refer to these Terms and Conditions regularly. Bennettauto.com reserves the right, at any time, to modify, amend, alter or update these Terms and Conditions without prior notice by updating this posting. Your continued use of the Site following posting of changes to these Terms and Conditions constitutes your unconditional consent to be bound by these Terms and Conditions.

USE OF SITE
This Site is intended for use by individuals 13 years of age or older. The Site is not for users under the age of 13. Users under the age of 13 must have the assistance and permission of a parent or guardian to use the Site.

All materials on the Site, including, without limitation, information, data, specifications, descriptions, images, graphics, trademarks, text, links, illustrations, designs, icons, photographs, HTML code, and written and other materials (collectively the “Content”) included on the Site are the property of Bennettauto.com, Bennett Auto Supply, Inc. or content providers of Bennettauto.com, and are protected by copyright and trademark law. The Content is intended solely for your own personal, non-commercial use. You may  only download or copy the Content for your personal use provided: (i) you keep intact all copyright and proprietary notices and; (ii) receive the express written consent of bennettauto.com, Bennett Auto Supply, Inc. or its affiliates. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content without the prior written consent of Bennettauto.com. Any other attempt to use, in any form or fashion, any of the content contained on the Site is expressly prohibited unless given written consent by bennettauto.com, Bennett Auto Supply, Inc. or its affiliates by and third party.

Bennettauto.com claims no proprietary rights to, or affiliation with, any third party trademarks or logo references appearing on the Site. Third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their respective owners and does not necessarily constitute a third party endorsement of bennettauto.com, Bennett Auto Supply, Inc., or its’ affiliates.

Bennettauto.com, Bennett Auto Supply, Inc. and its affiliates respects the intellectual property of others.  If you believe your work has been copied in a way that may constitute copyright infringement, please contact the webmaster at webmaster@bennettauto.biz with the subject line NOTICE OF POSSIBLE INFRINGEMENT.  In your e-mail please provide the following so that bennettauto.com may investigate: (i) identification of the work claimed to have been infringed; (ii) information sufficient enough to permit bennettauto.com to contact the you such as an e-mail address, telephone number or physical mailing address and; (iii) a reasonable basis for your belief of infringing material.  Bennettauto.com will make every reasonable attempt to investigate your claim and contact you to resolve the matter in a timely fashion.

Bennettauto.com may, from time to time, provide links to other outside websites not associated with Bennettauto.com.  These links may also be provided by bennettauto.com, Bennett Auto Supply, Inc. or its affiliates through social media channels including but not limited to, Facebook, Twitter, YouTube, Instagram and Pinterest.  Bennettauto.com has not reviewed and is not responsible for such linked websites or the content of any of the linked websites. Bennettauto.com provides these links as an additional resource for its Site users and makes no representations regarding the content of any linked website or any companies that own, control, or manage the linked websites. Consequently, Bennettauto.com cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in, programs used by, or services or products offered by, websites linked to from the Site.

SITE SECURITY
You are prohibited from: (i) violating or attempting to violate the security of bennettauto.com; (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of bennettauto.com; or (iii) using or attempting to use any engine, software, tool, agent or other device or mechanism (except search mechanisms provided by bennettauto.com or other third party web browswers) to navigate or search bennettauto.com.

USER SUBMITTED CONTENT
Bennettauto.com welcomes users to submit and share comments, reviews, feedback, submissions, questions and other content through the Site (“Content”).  By submitting Content, you warrant that: (i) you are the sole owner of the Content; (ii) you are at least 18 years of age or if you are under 18 years of age you are at least 13 years old and your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by the Terms and Conditions and; (iii) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.

COLORS AND IMAGES
Bennettauto.com does not warrant or represent that the colors of products displayed on your monitor are an accurate representation of the color of the product.  You acknowledge that third parties may change the physical appearance of their product from time to time.  Bennettauto.com, Bennett Auto Supply or its affiliates will always strive to deliver accurate images of products offered for sale on bennettauto.com.  However because bennettauto.com, Bennett Auto Supply and its affiliates rely upon information and products provided by third parties, bennettauto.com, Bennett Auto Supply, Inc. and its affiliates do not warrant or represent that the images of products displayed on our Site are an accurate representation of the actual product purchased by you.

PAYMENT AND ORDER ACCEPTANCE
Prices for all Products are in United States dollars and exclude any and all applicable taxes and shipping and handling charges, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Products, you agree to pay, using a valid credit card (or other form of payment that Bennettauto.com may accept from time to time), the applicable fees and taxes (if any) set forth in the offer that you accepted. Bennettauto.com reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees. Bennettauto.com reserves the right, in its sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy, and your order is shipped or picked up in store. Bennettauto.com may also require additional verifications or information before accepting any order. All authorized charges will be billed to your designated credit card account (or other payment method), on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Bennettauto.com for any reason, Bennettauto.com reserves the right to either suspend or terminate your access to the Site and/or the unpaid-for Products. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Products, and Bennettauto.com has no liability for any overdraft or other fees that you may incur as a result of Bennettauto.com processing your payment. Bennettauto.com will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, Bennettauto.com will issue a credit to your credit card in the amount of the charge.

TERMS AND CONDITIONS DISCLAIMER
Although these Terms and Conditions have been prepared with the intent to provide reliable information, no warranty (express or implied) is made as to their accuracy or completeness and no liability is assumed by Bennettauto.com for loss or damage resulting from reliance on these Terms and Conditions. Bennettauto.com reserves the right to change these Terms and Conditions at any time without notice.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BENNETTAUTO.COM, BENNETT AUTO SUPPLY, INC. OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR OR INABILITY TO USE BENNETTAUTO.COM, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BENNETTAUTO.COM, BENNETT AUTO SUPPLY, INC. OR ITS AFFILIATES HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL BENNETTAUTO.COM, BENNETT AUTO SUPPLY, INC. OR ITS AFFILIATES BY LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH BENNETTAUTO.COM DURING THE ONE YEAR PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

TERMINATION OF ACCESS
In addition to any other legal or equitable remedies for misuse, Bennettauto.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Bennettauto.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

ENTIRE AGREEMENT
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them.  Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of bennettauto.com, Bennett Auto Supply, Inc. or its affiliates to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit bennettauto.com, Bennett Auto Supply, Inc. or its affiliates’ rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under Florida law without regard to conflicts of law provisions.  Any action or proceeding arising out of or related to this Agreement or your use of bennettauto.com, Bennett Auto Supply, Inc. or its affiliates must be brought in the state or federal courts of Florida in Broward County or the Southern District of Florida and you consent to the exclusive personal jurisdiction of such courts.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Bennettauto.com and its affiliates from and against any and all claims, damages, costs, and expenses, including without limitation, attorneys’ fees, arising from or related to your use of the Site or the Products.

REMEDIES
The remedy of Bennettauto.com at law for any actual or threatened breach of these Terms and Conditions would be inadequate and Bennettauto.com will be entitled to specific performance or injunctive relief, or both, in addition to any damages that Bennettauto.com is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of Bennettauto.com shall be exclusive of any other, whether at law or in equity, including without limitation, damages, injunctive relief, attorneys’ fees, and expenses. No waiver by Bennettauto.com of its rights or remedies under these Terms and Conditions shall imply any obligation to grant any similar, future, or other waiver.

PRIVACY
Please review the Bennettauto.com Privacy Policy for information on the privacy practices of the Site.