TERMS AND CONDITIONS
THIS WEBSITE IS OWNED AND OPERATED BY BENSHEN LLC. THROUGHOUT THE WEBSITE, THE TERMS “WE”, “COMPANY”, “US” AND “OUR” REFER TO BENSHEN LLC OFFERS THIS WEBSITE AND THROUGH ANY CONTENT PROVIDED ON WWW.INSTAGRAM.COM, INCLUDING ALL INFORMATION, TOOLS AND SERVICES AVAILABLE FROM THIS SITE OR ON WWW.INSTAGRAM.COM TO YOU, THE USER, CONDITIONED UPON YOUR ACCEPTANCE OF ALL TERMS, CONDITIONS, POLICIES AND NOTICES STATED HERE. BY VISITING OUR SITE, PURCHASING ON OUR SITE AND/OR PURCHASING OUR PRODUCTS, YOU ENGAGED IN OUR “SERVICE” AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE” OR “TERMS”), INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND WHICH ARE INCORPORATED BY REFERENCE IN THESE TERMS OF SERVICE. THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE BROWSERS, VENDORS, CUSTOMERS, MERCHANTS, AND/ OR CONTRIBUTORS OF CONTENT ON OUR SITE OR ANY GROUP CHAT ON WWW.INSTAGRAM.COM. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE HEREIN AND ELSEWHERE ON OUR WEBSITE, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE OUR SERVICES IN ANY MANNER. BY AGREEING TO THESE TERMS OF SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND OF LEGAL AGE REQUIRED BY THE STATE OR PROVIDENCE THAT YOU RESIDE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY PERMITTED TO USE OUR SERVICE.
IF THE COMPANY BELIEVES THAT THE INFORMATION YOU PROVIDE IS INACCURATE, INCOMPLETE, OR IS OTHERWISE FALSE, THE COMPANY MAY, IN ITS SOLE DISCRETION, AND WITHOUT PRIOR NOTICE,
RESTRICT OR PROHIBIT YOUR ACCESS TO OUR WEBSITE AND SERVICE.
SECTION GENERAL
We reserve the right to refuse service to anyone for any reason at any time. Except for your credit card number and associated payment information, you understand that your content, including any information that you provide to us, may be transmitted unencrypted and over various networks and modified to the technical requirements and specifications of the receiving networks and devices.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION SECURITY
Any passwords used for your account (“Account”) on our site is for your individual use only. You will be responsible for the security of your password (if any) and you agree to accept responsibility for all activities that occur under your Account or password. We have the right to monitor your password and, at our discretion, require you to change it. If you use a password that we consider insecure, we will have the right to require the password to be changed and/or terminate your Account. You are prohibited from using any Service or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security is strictly prohibited. If you become involved in any violation of system security, we have the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. We reserve the right to investigate suspected violations of these Terms of Service and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone engaging in any activity that is believed to be violative of local, state, and federal law, as well as these Terms of Service.
Notwithstanding any other provisions of these Terms of Service, you acknowledge that you shall have no ownership or other property interest in your Account or the Services and further acknowledge and expressly agree that any and all rights in your account or the services are and shall forever be owned by and inure to the benefit of the Company and/or any of its assigns.
SECTION INFORMATION CONTAINED ON OUR SITE
The Company attempts to ensure that information on this website is complete, accurate and current. Despite our efforts, the information on this website may occasionally be inaccurate, incomplete or out of date. The Company makes no representation as to the completeness, accuracy or currentness of any information on this website. For example, products included on this website may be unavailable, or may have different attributes than those listed. In addition, the Company may make changes in information about price and availability without notice. The Company reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. You agree that it is your responsibility to monitor changes to our website. The Company also may require verification of information prior to the acceptance and/or shipment of any order
SECTION PRICES, PAYMENTS, FEES
Prices for our products are subject to change without notice. We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof), without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. By providing the Company with your credit card number and associated payment information, you agree that the Company, and its third-party service provides for payment services, are authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder, without any further notice or consent. You agree to immediately notify the Company of any changes in your Account profile, including, but not limited to, changes to your billing address and payment information. The Company reserves the right, at any time, to change its prices and billing methods, without prior notice to you.
CANCELLATION POLICY
You can cancel your plan at any time upon email notification. There will be no refunds.
SECTION PRODUCT DESCRIPTIONS
All descriptions of products, pricing, or any of our Service(s) are subject to change, at anytime, in our sole discretion, without prior notice to you. We reserve the right to discontinue any product or Service at any time, without prior notice to you. Any offer for any product or Service made on this site is void where prohibited.
SECTION LICENSE AND RESTRICTIONS
Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this website. This license does not allow you to resell or make any commercial use of the website, its Content or products sold through the site; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product sold through this website may be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or Content. You may use our website only as permitted by law and these Terms of Service. We may, in our sole discretion, terminate your license, at any time, without prior notice to you.
SECTION CONTENT CONTRIBUTORS
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Company. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Website and/or Services, Company is not undertaking any obligation or liability relating to the content. Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Website for inappropriate or unlawful content. Company and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Company reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
SECTION PROPRIETARY INFORMATION
The Content accessible from this website, and any other website owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retain all rights, title, and interest in such Content. The Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our website, except that you may print out a copy of the Content solely for your personal non-commercial use. Notwithstanding any other provision in these Terms of Service, you are prohibited from removing, altering, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. Your use of this website does not grant you title to or any rights to, including, but not limited to, our intellectual property.
SECTION HEALTH INFORMATION
Any Content, statements on this site and/or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease or medical condition. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed professional medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
SECTION THIRD-PARTIES
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION HEALTHCARE DISCLAIMER
COMPANY PROVIDES WELLNESS COACHING THE SERVICES COMPANY IS PROVIDING IS STRICTLY WELLNESS COACHING. COMPANY IS NOT PROVIDING PROFESSIONAL HEALTHCARE SERVICES.COMPANY DOES NOT CLAIM TO AND WILL NOT BE HELD RESPONSIBLE FOR DIAGNOSING, TREATING, OR CURING ANY PHYSICAL OR MENTAL HEALTH CONDITION. COMPANY’S SERVICES DO NOT TAKE THE PLACE OF CLIENT’S TEAM OF HEALTHCARE PROFESSIONALS. UNDER NO CIRCUMSTANCES SHOULD CLIENT STOP SEEING HIS OR HER TEAM OF HEALTHCARE PROFESSIONALS. IF CLIENT DECIDES TO TAKE ACTION BASED ON THE SERVICES HE OR SHE RECEIVES FROM COMPANY, CLIENT DOES SO AT HIS OR HER OWN RISK. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT COMPANY IS NOT PROVIDING PROFESSIONAL MENTAL HEALTH SERVICES. COMPANY IS NOT SERVING AS A PROFESSIONAL HEALTHCARE PROVIDER. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.
SECTION PRIVACY
Your submission of personal information through the website is governed by our Privacy Policy.
SECTION PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION LIMITATION OF LIABILITY
YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICE(S), INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE CAN OR WILL BE CORRECTED.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or product posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION INDEMNIFICATION
You agree to indemnify, defend and hold harmless Benshen LLC and Desiree Paid and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION GOVERNING LAW AND VENUE
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be New York.
SECTION DISPUTE RESOLUTION
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this website or information obtained through this website, or any other claims, disputes, or controversies arising out of or relating to this website, or any other website owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute to JAMS through its offices located in Dallas, Texas (“ADR Firm”) (www.jamsadr.com/james-dallas), or its successor, for mediation. Any party to the Dispute may commence mediation by providing to ADR Firm and the other parties a written request for mediation, setting forth the subject of the Dispute and the relief requested. The parties will cooperate with ADR Firm and with one another in selecting a mediator from ADR Firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any ADR Firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
If the Dispute is not resolved through mediation, then it shall be submitted to ADR Firm, or its successor, for final and binding arbitration pursuant to the then-current form of JAMS Comprehensive Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by ADR Firm in accordance with the Rules. All hearings shall be held in the State of Texas. If ADR Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in the State of Texas. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.
THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.
No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.
Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the website must be brought within two (2) years from the date on which such claim or action arose or accrued. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service (including our Privacy Policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. We may revise these Terms of Service at any time by updating this posting.
SECTION CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website, without prior notice to you. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website, including its Content, or the Service, following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Effective as of: April 29, 2020
Last Updated as of: April 29, 2020