Thank you for visiting BenjaminNorth.com. We have prepared the information below to ensure that your experience on our website is one you’ll want to repeat again and again. Benjamin North, Inc provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of BenjaminNorth.com and thereby bypass this agreement, your use of this site still binds you to the terms. Since Benjamin North may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

Legal Information

This website is expressly owned and operated by Benjamin North, Inc. The mailing address for Benjamin North, Inc is 3970 Shirley Drive, Atlanta, GA 30336. Unless otherwise noted, all design and content featured on BenjaminNorth.com-including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Benjamin North, Inc. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Benjamin North, Inc. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Benjamin North, Inc. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.

Limitation of Liability

Given the unpredictability of technology and the online environment, Benjamin North does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Benjamin North shall not be liable for damages of any kind related to your use of or inability to access this website.

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on Benjamin North.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Benjamin North product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Benjamin North shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Benjamin North, Inc shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Benjamin North shall issue a credit to your credit card account in the amount of the incorrect price.

Product Information

Benjamin North products displayed on the website are available in certain Benjamin North stores in the United States. The prices displayed on the website, however, are quoted in U.S. Dollars and are valid and effective only in the United States and Canada. Keep in mind, Benjamin North.com does not carry every item that you would find in our stores.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

Indemnification

You agree to indemnify, defend, and hold harmless Benjamin North, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Correspondence

Although we will make every effort to respond quickly to applicable email messages, BenjaminNorth.com is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding BenjaminNorth.com, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through BenjaminNorth.com shall become and remain the property of Benjamin North. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

Social Media Contests

There are no active social media contests at this time.

#MyBenjiPhoto

You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “User Submissions”) to your social media accounts. By posting and uploading User Submissions that you have tagged with #mybenjiphoto or other Benjamin North brand hashtags, you grant to Benjamin North, Inc. and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Benjamin North-tagged User Submissions in any manner to be determined in Benjamin North’s sole discretion, including but not limited to on its webpages, social media pages operated by Benjamin North, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. Benjamin North may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your User Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Benjamin North, the Licensed Parties, and any person acting on Benjamin North’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Submissions.

DMCA Notice & Take-down Procedure

Without limiting the foregoing, if you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Copyright Agent for Benjamin North, Inc. for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows:

by e-mail at DMCA_NOTICE@BenjaminNorth.com

by mail at 3970 Shirley Drive, Atlanta, GA 30336.

IMPORTANT! PLEASE NOTE:

YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE:

“DMCA NOTICE OF INFRINGEMENT”

IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.

Benjamin North Arbitration Agreement

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and MaMajestic, Inc. and its subsidiaries including Benjamin North, Inc. (together, “Benjamin North”) agree that any controversy, claim, action, or dispute in any way related to your use of any Benjamin North website, any purchase from Benjamin North, or to any products or services sold or distributed by Benjamin North (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

Informal Dispute Resolution.

Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Right to Bring Small Claims in Court.

Instead of arbitration, either you or Benjamin North may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.