THIS AGREEMENT PROVIDES FOR THE MANDATORY ARBITRATION OF DISPUTES, AND INCLUDES A WAIVER OF THE RIGHT TO A JURY TRIAL AND A CLASS ACTION WAIVER, AS SET FORTH BELOW.
Generally, this Website is not intended to provide any tax, legal, financial planning, insurance, accounting, investment, or any other kind of professional advice or services, and nothing on the Bentoengine.com website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security, insurance policy, or investment strategy. To make sure that any information or suggestions on this site fit your particular circumstances, you should consult with an appropriate tax or legal professional before taking action based on any suggestions or information on this site.
Without limiting the foregoing, no product or service offered or set forth on this Website, nor any analysis, commentary, or otherwise (whether oral or written), provided in conjunction with the foregoing shall be deemed to constitute: (1) investment advice under applicable state or federal law, including, but not limited to, the Investment Advisers Act or 1940; or (2) any sort of transaction in securities for the account of others, including, but not limited to, any solicitation, negotiation or execution of the transaction. Neither we nor any of our representatives, sublicensees, or assigns shall be responsible for any investment decisions or third party damages or losses resulting from the use of such product(s) or service(s) or any information provided in conjunction with same. You also understand and agree that we are not (1) an “investment adviser” as such term is defined in the federal Investment Advisers Act of 1940, or (2) a “broker”, or (3) a “dealer”, as such terms are defined under the federal Securities Exchange Act of 1934. We do not hold ourselves out in any communications as an investment adviser, a broker, or a dealer.
If you have a dispute with Bento, and you are unable to resolve the dispute informally, you and Bento agree that upon demand by either you or Bento, the dispute will be resolved through binding arbitration. As the sole exception to arbitration, you and Bento each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. A “dispute” is any unresolved disagreement between you and Bento, regardless of when the claim arose and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and Bento.
Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to: Bento Eginee LLC, 874 Walker Road Suite C, Dover, DE 19904. If Bento demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that Bentoengine.com has for you in its records. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.
You and Bento agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and Bento.
Bentoengine.com controls and operates this website from within the United States of America. Unless otherwise specified on or within this Website, this Website is intended to promote only those Bentoengine.com products that are sold by Bentoengine.com in the United States and its territories, and Bentoengine.com makes no representation that materials in this website or the conduct described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website.
The material in this website (including any graphics, recommendations or other material) or any materials made available through this website are provided “as is” and without warranties of any kind, express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Bentoengine.com HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BENTO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. The materials in this website could include technical inaccuracies or typographical errors. This material could be inaccurate or become inaccurate as a result of certain developments occurring after the respective dates of the material contained in this website. Bento undertakes no obligation to verify or maintain the currency of such information.
Bento endeavors to maintain this website and its operation, but is not, and cannot be, responsible for any defect that may exist in the website or its operations. AS TO THE OPERATION OF THE WEBSITE, BENTO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BENTO MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECT AND ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not Bento) assume the entire cost of all services, repairs, or corrections that may be necessary for your computer equipment and software as a result of viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
UNDER NO CIRCUMSTANCE SHALL BENTO BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIAL IN THIS WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE IN THE WEBSITE. BENTO SHALL NOT BE LIABLE EVEN IF BENTO OR A BENTO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These include but are not limited to damage or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse, or other harmful components.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, IN NO EVENT SHALL BENTO’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Bento may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, Bentoengine.com is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmission or for any error, defamation, libel, slander, omission, falsehood, pornography, profanity, danger, illegality, or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any other materials that could be considered or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any other laws. Bento will fully cooperate with any law enforcement authorities or court order requesting or directing Bento to disclose the identity of anyone posting such information or materials. Bento may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Bento, its employees, customers, or the public.
This website may provide a “Help” file or other instructions for the use of this site. However, you understand that Bentoengine.com is under no obligation to provide any support for the use of the website.