Agreement
Effective Date: February 27, 2024
THE AGREEMENT:
The use of this website and services on this website provided by the man: Robert (Roban) Bengtson is subject to the following terms and conditions, hereinafter the "Agreement"), all parts and sub-parts of which are specifically included by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
1) NOTICE
I’m the man known as both ‘Robert’ and ‘Roban’.
As a man, I speak to you only as mankind to mankind.
All I require is you to acknowledge that you have been given notice of this.
2) ASSENT & ACCEPTANCE
By using the website, you agree to be bound by this Agreement. If You do not agree to be bound by this Agreement, please leave the website.
3) LICENSE TO USE WEBSITE
I may provide you with certain information as a result of your use of the website or services. Such information may include, but is not limited to, documentation, data, or information developed by me, and other materials which may assist in your use of the website or services. Subject to this Agreement, i grant you a non-exclusive, limited, non-transferable and revocable license to use the materials solely in connection with your use of the website and services. The materials may not be used for any other purpose, and this license terminates upon your cessation of use of the website or services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the website and all services provided by i are the property of the i, including all copyrights, trademarks, trade secrets, patents, and other intellectual property. You agree that i own all rights, titles and interests in and to the material and that you will not use any for unlawful or infringing purpose. You agree not to reproduce or distribute the material in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from i.
a) In order to make the website and services available to oyu, you hereby grant i a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the website ("your content"). I claim no further proprietary rights in your content.
b) If You feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please contact us and let us know.
5) USER OBLIGATIONS
As a user of the website or services, you may be asked to register. When You do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party, and if you discover that oyur identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping s u of any changes to oyur identifying information. Providing false or inaccurate information, or using the website or services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
6) ACCEPTABLE USE
You agree not to use the website or services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the website or services in any way that could damage the website, services, or general business of i.
a) You further agree not to use the website or services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of i or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
7) PRIVACY INFORMATION
Through Your sue of the website and services, you may provide certain information. By using the website or the services, you authorize me to use your information wherever i may operate.
a) Information collected or received: when you register for an account, you provide a valid email address and may provide additional information, such as your name or billing information. Depending on how y use the website or services, we may also receive information from external applications that you use to access the website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How information is used: We use the information gathered from you to ensure your continued good experience on the website, including through email communication. We may also track certain aspects of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
c) How you can protect your information: If You would like to disable our access to any passive information received from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
To see our complete Privacy Policy, please click HERE.
8) SALES
I sell goods and services and may allow third parties to sell goods or services on the website. I undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, i do not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk.
9) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items you may purchase from i, and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price. We also may request additional information from you prior to confirming a sale, and reserve the right to place any additional restrictions on the sale of any products. You agree to ensure payment for any items you may purchase, and you acknowledge and affirm that prices are subject to change. For the sale of physical products, we preauthorize your credit or debit card at the time You place the order. You agree to monitor y method of payment. Shipment costs and dates are subject to change from the costs and dates that you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact us in a timely manner at the following: orders@robertbengtson.com.
To see our complete Shipping & Returns policy, please click HERE.
10) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website or services;
b) Violate the security of the website or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
11) DATA LOSS
We do not accept responsibility for the security of your account or content. You agree that your use of the website or services is at Your own risk.
12) INDEMNIFICATION
You agree to defend and indemnify i and any of my affiliates (if applicable) and hold i harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the website or services, your breach of this Agreement, or your conduct or actions.
13) SPAM POLICY
You are strictly prohibited from using the website or any of the services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
14) THIRD-PARTY LINKS & CONTENT
I may occasionally post links to third party websites or other services. You agree that i am not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from the website.
15) MODIFICATION & VARIATION
I may, from time to time and at any time without notice to you, modify this Agreement. You agree that i have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, oyu agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that oyur continued use of the Website after any modifications to this Agreement is a manifestation of oyur continued assent to this Agreement.
c) In the event that you fail to monitor any modifications to or variations of this Agreement, y agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between with respect to any and all use of this website and/or services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
17) SERVICE INTERRUPTIONS
I may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that i shall have no liability for any damage or loss caused as a result of such downtime.
18) TERM, TERMINATION & SUSPENSION
I may terminate this Agreement with oyu at any time for any reason, with or without cause. I specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of i or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
19) NO WARRANTIES
You agree that your use of the website and services is at your sole and exclusive risk and that any services provided by i are on an "As Is" basis. I hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. I make no warranties that the website or services will meet your needs or that the website or services will be uninterrupted, error-free, or secure. I also make no warranties as to the reliability or accuracy of any information on the website or obtained through the services. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the website or services is your sole responsibility and that i am not liable for any such damage or loss.
20) LIMITATION ON LIABILITY
I am not liable for any damages that may occur to you as a result of your use of the website or services, to the fullest extent permitted by law. The maximum liability of i arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to i in the last six (6) months. This section applies to any and all claims by oyu, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
21) GENERAL PROVISIONS
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through your use of the website or services, you agree that the laws of the State of California shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and i, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, you agree to submit to the personal jurisdiction of the state and federal courts of the following county: Marin County, California. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between us relating to or arising out of this Agreement, we shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, we shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Marin County, California. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add others, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: California. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. In agreement with this sub-part of this Agreement, you waive any rights you may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by i, the rights and liabilities of i will bind and inure to any assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created as a result of this Agreement. No woman or man has any authority to bind the other to third parties.
i) FORCE MAJEURE: I am not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted under this Agreement, including e-mail or fax. For any questions or concerns, please email me at the following address: rb@robertbengtson.com.