Terms of Service
Last updated: April 8, 2025
Please read these terms carefully. This is a binding agreement between The Benji Group, Inc. (referred to as “Company,” “we,” “us” or “our”) and any person who accesses or establishes a connection to the Services (“you” or “User”). By using or otherwise accessing the Services, or indicating your assent hereto by clicking “I agree” or similarly expressing acceptance where other options exist, you are accepting the terms of this agreement. The Company retains all rights other than those explicitly granted to you in this agreement.
1) Access to this site
To access any part of this website, https://withbenji.com (the “Website”) or other software, resources, or services available through the Website (all of the foregoing, the “Services”), you agree to comply with all of the terms of this agreement. To use some or all of the Services on the Website, you may be asked to provide registration information. It is a condition of using the Services that all the information you provide is correct, current, and complete. If the Company believes the information you provide is inaccurate, the Company may terminate or suspend your access to the Services.
You agree that the Company may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services. You understand and accept that the Company maintains complete discretion with respect to termination and that the Company will not be liable to you or any third party for any termination of your account. In the event of termination, the Company will provide you with reasonable means to export your data from the Services.
2) How the services work
We provide a marketplace that facilitates the following (collectively, the “Services”):
- allows you to spend loyalty points granted to you by a third-party company to purchase goods and services provided by other third-party merchants that are members of our marketplace;
- earning reward points through purchases;
- transferring points from one supported reward program to another supported reward program;
- status matching across reward programs; and
- other similar transactions.
3) Privacy
The Company’s Privacy Policy, located at https://withbenji.com/privacypolicy, describes the Company’s collection and use of your personal and other information.
4) Restrictions on use
You may access the Services only for your personal or internal business purposes. You may not use the Services for any other purpose. You may not, for example, (1) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal use, internal business use, or as specifically permitted in this agreement, without the Company’s written consent, or (2) use the Services in any harmful or illegal manner or interfere with any party’s use or enjoyment of the Services. You agree to cooperate with the Company in causing any of your unauthorized use of the Services to cease immediately.
5) Ownership
The Company owns all right, title, and interest in and to the Services, including all intellectual property rights therein.
The material accessible from the Services, including text, data, images, interfaces, the “look and feel” of the Website, and other materials or works of authorship (the “Content”) is owned or licensed by the Company. You may not copy, distribute, republish, upload, post, transmit, or create derivative works of Content without the prior written consent of the Company. You may not remove, alter, or cause the removal or alteration, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. The Company has the right to modify, manage, or eliminate any Content at any time.
The Company’s name, logos, and other product and service identifiers are the Company’s trademarks. All other trademarks appearing in the Services are the property of their respective owners. No rights are granted to you in these trademarks.
6) Hyperlinks
The Services may include hyperlinks to other websites that are not owned or operated by the Company. These links are provided for your convenience, and the Company may receive commissions or further financial compensation from the owners of these websites. Hyperlinks are to be accessed at your own risk. The Company may not have reviewed, and does not necessarily endorse, the content of other websites. The Company has no control over other websites and is not liable for any content, advertising, products, services or other materials on or available from those websites. Nonetheless, we wish to protect the Users of the Services, and we therefore invite feedback about websites that are linked from the Website.
7) Security and security violations
If you are a User who has registered an account for the Services, passwords used to access the Services are for individual use only. You are responsible for the security of your own password and for all activities that occur through the use of your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that the Company considers insecure, the Company may require you to change the password or terminate your account.
You may not attempt to violate the security of the Services, or use the Services to violate the security of other persons or websites or to violate the law, including by: (1) accessing data not owned by or intended for you or logging into an account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures; (3) attempting to interfere with service to any User, host or network, including without limitation, by submitting a virus to the Services; (3](5) forging any TCP/IP packet header or any part of the header information in any email; or (6) attempting to alter, make derivative works of, copy, disassemble, or reverse engineer any of the software making up any part of the Services.
The Company will take all reasonably necessary steps to investigate suspected violations of this agreement. The Company reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing the Company to disclose the identity of anyone engaging in conduct that is believed to violate the law. The Company further reserves the right, at its discretion, to release your details to system administrators at other sites in order to assist them in resolving security incidents.
You release the Company from all liability for any action taken by the Company during or as a result of its investigations and for any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
8) Important disclaimers
Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. The Company disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of a course of dealing or usage of trade.
The Company does not complete background checks on Users or make representations about the location, safety, or quality of the Users or Services. The Company has no responsibility for your interactions with other Users of the Services. Your interactions with such persons are at your own risk.
By way of illustration, and without limiting the generality of the above disclaimers, the Company disclaims any warranty that:
- The Services will be uninterrupted or error-free;
- The Website and the server that makes the Services available are free of viruses or other harmful components; or
- The Content is accurate, complete, and free of typographical errors.
9) The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by the Company, and you agree not to make any claim against the Company relating to the purchase of these products or services.)
Updates to the Services may not be consistent across all platforms and devices. If you do not refresh after an update, the most recent features, functionality, or Content may not be available.
10) Limitation of liability
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors are not liable to you for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
In no event will the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to you (regardless of the form of action, whether in contract, tort, or otherwise) exceed $500.
11) Indemnification
To the maximum extent permitted by law, you agree to indemnify the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your use of the Services or your breach of any representation or obligation contained in this agreement. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.
12) Amendment
This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. The Company may modify this agreement at any time by posting the revised terms on the Website and providing you with the opportunity to accept or reject the modifications during your next sign-on to the Services. If you do not agree to the modifications, you may be required to cease your access to the Services. Continued use or access of the Services after modification will constitute your acceptance of this agreement as modified.
13) Dispute Resolution; Jury Waiver
All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be New York, New York. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction.
You acknowledge and agree that you and the Company are each waiving the right to a trial by jury and to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).
14) Controlling law
This agreement shall be governed and interpreted pursuant to the laws of the State of New York, United States of America, without regard to its choice of law rules. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by the Company via email, to the address that you provided when registering for the Services, and will be effective upon transmission.
15) Survival of terms
Sections 3, 4, 5, 7, 8, 10, 12, and 13, and any other provision that refers to a period of time after you are no longer using the Services will continue in effect for the maximum period of time permitted by law.
16) Accessibility
We work to provide Services that are compatible with commonly used assistive browsers, tools, and technologies. We strive to provide accessibility and usability for users, but accessibility is an ongoing effort, and it may not be possible in all areas of our Services with current technology and other restrictions.
If you have questions, concerns or feedback related to the functionality or accessibility of the Services, please email us at the feedback address below.
When you contact us, please be sure to tell us:
- the nature of the accessibility issue;
- your preferred format to receive a response;
- the relevant address for the webpage you are trying to access; and
- how to contact you.
17) Contact and feedback
We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by through our website at https://withbenji.com/contact/. You agree that all Feedback will become the sole and exclusive property of the Company, and you hereby irrevocably assign to the Company all of your rights in and to all Feedback without any right to compensation.
If you are a resident of California, you may request additional information or submit claims or complaints regarding the Services by calling the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs at (800) 952-5210, or in writing at:
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Complaint Assistance Unit |