TERM OF USE

TERM OF USEIMPORTANT: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 17. BY ACCEPTING THESE TERMS, YOU AND WE ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS, EXCEPT AS PROVIDED THEREIN. PLEASE READ SECTION 17 CAREFULLY.By accessing or using the Site, creating an account, or making a purchase, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not agree, you must not use the Site or purchase any products.

1. Introduction

These Terms of Use ("Terms") constitute a binding agreement between you ("you", "user") and BENM INC, a Washington corporation, with its registered address at 100 N HOWARD ST STE R, SPOKANE, WA 99201-0508, UNITED STATES ("we", "us", "our", "Company"), governing your access to and use of https://modelones.com and any related services, features, content, applications and widgets (collectively, the "Site") and any purchases you make through the Site.These Terms apply to all users of the Site, including visitors, registered users, and contributors of content, information and other materials. If you do not agree with these Terms, you do not have the right to access, view, download or otherwise use the Site or to purchase any products, and you should not do so.

2. Eligibility and Age Restriction

You represent and warrant that you: (a) are at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, whichever is greater; (b) have full power and authority to enter into these Terms; and (c) have not previously been suspended or removed from the Site.The Site is a general audience website and is not directed to children under thirteen (13) years of age. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe that your child has provided personal information to us, please contact us at support@modelones.com and we will take steps to delete such information.

 3. Privacy Policy and Cookie Notice

 Our Privacy Policy describes how we collect, use, disclose and protect personal information, including our use of cookies and similar technologies, and is incorporated into these Terms by reference. By using the Site, you agree to the terms of the Privacy Policy.

 4. Accounts

When you create an account, you agree to provide true, accurate, current and complete information and to keep that information updated. You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You must not share your login credentials, permit unauthorized use of your account, create more than one account, or register on behalf of any other person or entity without authorization. Please notify us immediately if you become aware of any unauthorized use of your account.

5. License to Use the Site and Intellectual Property

5.1 License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purposes. Unless expressly permitted in these Terms, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license or in any way exploit the content of the Site.

5.2 Intellectual Property

All content and materials on the Site, including text, graphics, logos, images, software, and their selection, arrangement and organization, are owned by us or our licensors and are protected by copyright, trademark and other intellectual property laws. All rights not expressly granted in these Terms are reserved by us and our licensors.

6. User Content

6.1 Submissions and License

The Site may allow you and other users to post reviews, comments, photos, questions and other content ("User Content"). You retain ownership of your User Content. However, by submitting User Content, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media now known or later developed, including for advertising and promotional purposes, without compensation, notice or credit to you.

 6.2 Warranties

You represent and warrant that you own or otherwise control all rights in your User Content and that your User Content does not infringe the rights of any third party, including privacy, publicity, copyright or other proprietary rights.

6.3 Reviews and Ratings

Consistent with the FTC rules on consumer reviews (16 C.F.R. Part 465), we prohibit fake reviews and incentivized reviews that are conditioned on a particular rating, and we may remove any User Content that violates these Terms or our Reviews & Testimonials Policy.

6.4 Removal and No Endorsement

We have no obligation to prescreen, monitor, verify or supervise User Content, and we may edit, block or remove any User Content at any time in our sole discretion, with or without notice. User Content reflects the views of its authors, not ours, and we do not endorse or support any User Content.

7. SMS Marketing and Communications

By consenting to our SMS marketing at checkout or through our subscription tools, you agree to receive recurring text notifications (including order updates, abandoned checkout reminders, text marketing offers and transactional texts, including requests for reviews), even if your mobile number is registered on any state or federal do-not-call list. Consent is not a condition of purchase.To opt out, reply STOP to any message you receive from us. For help, reply HELP. Message frequency varies, and message and data rates may apply. We are not responsible for failed, delayed or misdirected messages, or for honoring opt-out requests sent to a number or short code that we have changed.

8. User Conduct

You agree to use the Site only for lawful purposes and in compliance with all applicable laws. By way of example, and not as a limitation, you agree not to use the Site to:(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, harassing, defamatory, obscene, hateful or otherwise objectionable, or that infringes the rights of any third party;(b) impersonate any person or entity, or provide false or misleading information;(c) interfere with, disrupt, or impose an unreasonable load on the Site or its servers and networks, or bypass any security or access-control measures;(d) harvest, scrape, crawl or collect information about other users or the Site by automated means;(e) run automated tools, scripts or multiple accounts to place orders, abuse promotions or manipulate pricing;(f) purchase products for resale, or engage in any fraudulent, deceptive or misleading activity;(g) violate any applicable local, state, national or international law. Violation of any of the foregoing may result in termination of your access to the Site and may subject you to legal consequences.

9. Orders, Pricing, Payment and Errors

9.1 Orders and Acceptance

Receipt of an order confirmation email does not constitute our acceptance of an order. We reserve the right to refuse or cancel orders, including orders placed at incorrect prices or in violation of these Terms, at any time, with or without notice. If payment has already been charged for a cancelled order, we will issue a refund to your original payment method. Products purchased on the Site may not be resold.

9.2 Pricing and Payment

Prices, shipping fees and taxes are as displayed on the Site and at checkout. You agree to pay all charges associated with your order using a payment method you are authorized to use. We use third-party payment processors, and your payment information is processed in accordance with our Privacy Policy.

9.3 Errors and Availability

Occasionally, information on the Site may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times and availability. We reserve the right to correct any errors, to update or change information, and to cancel orders affected by such errors, at any time without prior notice, including after you have submitted your order.

10. Third-Party Websites and Links

The Site may contain links to third-party websites, services or resources, and third-party websites may contain links to the Site. We are not responsible for the content, availability, policies or practices of any third-party websites, and such links do not imply our endorsement. Your use of third-party websites is at your own risk and is subject to their own terms and privacy policies.

11. DMCA Copyright Policy

11.1 Notices of Infringement

If you believe that content on the Site infringes your copyright, you may send a written notice to our Designated Agent containing: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information sufficient to locate it, including the specific URL; (d) your name, mailing address, telephone number and email address; (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

11.2 Designated Agent

BENM INC, Attn: Copyright Agent, 100 N HOWARD ST STE R, SPOKANE, WA 99201-0508, UNITED STATES. Email: support@modelones.com (please use the subject line "DMCA Takedown Notice"). We have registered our designated agent with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c)(2).

11.3 Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may send a counter-notification to our Designated Agent containing your signature, identification of the removed material and its prior location, a statement under penalty of perjury that you have a good faith belief the removal was a mistake, and your consent to the jurisdiction of the federal court in your judicial district and to accept service of process from the party who provided the original notice.

11.4 Repeat Infringers

In appropriate circumstances, we will terminate the accounts or access of users who are repeat infringers of copyright.

12. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE OR YOUR PURCHASES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE FOREGOING LIMITATIONS APPLY WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STATUTE OR ANY OTHER THEORY OF LIABILITY.NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING RIGHTS YOU MAY HAVE AS A CONSUMER.

14. Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, officers, directors, employees, agents and representatives from and against any and all third-party claims, losses, liabilities, damages, judgments, costs and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; (c) your User Content; or (d) your use of the Site.We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with us in defending any claim. This Section does not require you to indemnify us for claims arising from our own gross negligence or willful misconduct, and it is subject to mandatory consumer protection laws.

15. Termination

We may terminate or suspend your access to the Site, delete your account and any User Content, for any reason or no reason, at any time, with or without notice, effective immediately. You may terminate your account by following the instructions on the Site.Sections that by their nature should survive termination — including Sections 6 (User Content), 11 (DMCA), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 16 (Governing Law), 17 (Dispute Resolution) and 20 (Miscellaneous) — shall survive any termination of these Terms.

16. Governing Law

These Terms and your relationship with us shall be governed by the laws of the State of Washington, United States, without regard to its conflict of laws principles, and, with respect to any arbitration, by the Federal Arbitration Act (9 U.S.C. § 1 et seq.). Subject to Section 18, you agree that any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Spokane County, Washington, and you consent to the personal jurisdiction of such courts.

17. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

17.1 Binding Individual Arbitration

Except as provided below, any dispute, claim or controversy arising out of or relating to these Terms, the Site, your account or any purchase shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. You and we each waive the right to a trial by jury and to bring or participate in class actions, as further described below.

17.2 Class Action Waiver

YOU AND WE AGREE THAT ALL CLAIMS SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY BRING A CLAIM AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON.

17.3 Mass Arbitration Batching

To deter abusive mass arbitration filings, if twenty-five (25) or more similar claims are filed against us by or on behalf of the same or coordinated parties, the claims shall be administered in batches of fifty (50), with the first batch proceeding first and the remaining claims stayed until the first batch is resolved. The statute of limitations applicable to any stayed claim shall be tolled during the stay.

17.4 Small Claims Court

Either party may bring an individual claim in small claims court within its jurisdiction, so long as the claim remains in small claims court and is not brought as a class or representative action.t

17.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@modelones.com with the subject line "Arbitration Opt-Out" within thirty (30) days of your first acceptance of these Terms or your first purchase, whichever is earlier. The notice must include your name, email address and a statement of your intent to opt out.

17.6 Process and Fees

Arbitration shall be conducted in the county of your residence or at another mutually agreed location. If paying the AAA filing fee poses a hardship, we will advance the consumer's share of the filing fee upon reasonable request. The arbitrator's decision is final and binding and may be entered in any court of competent jurisdiction.

17.7 Consumer Protection

Nothing in this Section limits any mandatory rights or protections you may have under the consumer protection laws of your country of residence, including any right to bring proceedings in the courts of your country of residence where such right cannot be waived by contract.

18. Notices

We may provide notices to you by email at the most recent email address you provided to us, or by posting notices on the Site. Notices sent by email are deemed received upon sending. You may send notices to us at support@modelones.com.

19. Changes to These Terms

We may update, change or replace these Terms at any time by posting the revised version on the Site, and we will update the "Last Updated" date at the top of this page. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. For material changes, we will take reasonable steps to notify you where required by applicable law.

20. Miscellaneous

20.1 Severability

If any provision of these Terms is held to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

20.2 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or of any later breach.

20.3 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Notice, constitute the entire agreement between you and us regarding your use of the Site and supersede all prior agreements and understandings.

20.4 Assignment

We may assign these Terms, in whole or in part, without notice to you. You may not assign your rights or obligations under these Terms without our prior written consent.

20.5 No Third-Party Beneficiaries

Except as expressly provided in these Terms, these Terms do not create rights for the benefit of any third party

20.6 Independent Contractors

No agency, partnership, joint venture or employment relationship is created between you and us by these Terms.

21. Contact Us

If you have any questions about these Terms, please contact us:BENM INC100 N HOWARD ST STE R, SPOKANE, WA 99201-0508, UNITED STATESEmail: support@modelones.com