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TERMS OF USE
Introduction
Welcome to BenFranklin.com. By using BenFranklin.com you agree to be bound by all of these Terms of Use. BenFranklin.com reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy, in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions.
By accepting these Terms of Use through your use of the site, you further certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. BenFranklin.com does not knowingly collect personal information about children under the age of 13 without prior parental consent.
Communications
By using our service, you are consenting to receive certain communications from us. For example, BenFranklin.com may send you newsletters about, special offers, promotional announcements and customer surveys via email or other methods. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Payment
Generally, credit and debit card are not charged until we either ship the item(s) to you or confirm store availability (at which time you will be charged only for the goods we have actually shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. When paying for a preorder with a debit card you will be charged at the time you place your preorder. Please contact your credit card issuer for more information. If you ordered a special delivery item, you will be charged once a delivery time is confirmed.
Pricing
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and BenFranklin.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and 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, BenFranklin.com will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
Sales Tax Policy
BenFranklin.com collects and remits sales tax as required by state or U.S. law.
Orders
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. BenFranklin.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.
Membership Billing (if applicable)
By starting your BenFranklin.com membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the BenFranklin.com service to the credit or debit card you provided during registration. Please note that prices and charges are subject to change with notice. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your credit or debit card each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your credit or debit card for such varying amounts. Payments are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Cancellation
You may cancel your BenFranklin.com membership with 60 days' notice by emailing notification to service@benfranklin.com. We do not provide refunds or credits for any partial-month membership periods.
Copyrights and Trademarks
Unless otherwise noted, all contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by BenFranklin.com, one of its affiliates or by third parties who have licensed their materials to BenFranklin.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on this site is the exclusive property of BenFranklin.com and is also protected by U.S. and international copyright laws.
BenFranklin.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this site. Access to this site does not confer and shall not be considered as conferring upon anyone any license under any of BenFranklin.com 's or any third party's intellectual property rights.
The BenFranklin.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of A-C Wholesale, LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this site. Access to this site does not authorize anyone to use any name, logo or mark in any manner.
Disclaimers
THIS SITE IS PROVIDED BY BENFRANKLIN.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BENFRANKLIN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BENFRANKLIN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BENFRANKLIN.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE BENFRANKLIN.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.
MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. BENFRANKLIN.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY BENFRANKLIN.COM.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BENFRANKLIN.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE BENFRANKLIN.COM WEB SITE, 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 BENFRANKLIN.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BENFRANKLIN.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Indemnification
You agree to defend, indemnify and hold harmless BenFranklin.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this site or any breach by you of these Terms of Use.
Termination
BenFranklin.com may, in its sole discretion, terminate your account or your use of BenFranklin.com at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. BenFranklin.com reserves the right to change, suspend or discontinue all or any aspects of the BenFranklin.com site at any time without prior notice.
Governing Law
These Terms of Use represent the entire agreement between the parties and shall be governed by, and interpreted under, the internal laws of the State of Wisconsin (without regard to conflict of law rules) and the United States of America. The parties further agree that any action, suit in equity, arbitration proceeding or judicial proceeding for the enforcement of these Terms of Use, or any provision hereof shall be instituted in the State of Wisconsin, except that any judgment obtained in any such court may be enforced in any other court. Any provision of these Terms of Use prohibited by applicable law or by court decree shall be ineffective to the extent of such prohibition without invalidating or affecting the remaining provisions of these Terms of Use.