Acceptance of Terms

By accessing or using the website jbbenjamin.com (the “Site”) and any services offered by Jay Benjamin (“I,” “me,” or “my”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Site or my services.  

Services

I offer a variety of creative technology services, including but not limited to brand identity and design, web development, custom automation, technology consulting, and other services as described on the Site (collectively, the “Services”).

Use of the Site

• Eligibility: You must be at least 18 years old to use the Site or my Services.
• Account Creation: Some features of the Site or Services may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.  
• Prohibited Conduct: You agree not to use the Site or Services to:
  • Violate any applicable laws or regulations.
  • Infringe upon the intellectual property rights of others.
  • Transmit any harmful or malicious code, such as viruses or malware.  
  • Engage in any activity that interferes with or disrupts the Site or Services.
  • Harass, abuse, or threaten others.
  • Collect or store personal information about others without their consent.
  • Impersonate any person or entity.  
  • Engage in any other conduct that I deem, in my sole discretion, to be inappropriate.

Intellectual Property

• Ownership: The Site and its content, including but not limited to text, graphics, logos, images, and software, are owned by me or my licensors and are protected by copyright, trademark, and other intellectual property laws.
• Limited License: I grant you a limited, non-exclusive, non-transferable license to access and use the Site and its content for your personal, non-commercial use, subject to these Terms.  
• Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Site or its content without my prior written consent.

Project Terms

Specific terms and conditions for projects will be outlined in separate written agreements between you and me. These agreements may include details regarding scope of work, deliverables, timelines, payment terms, and other project-specific provisions.

Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.  

Limitation of Liability

IN NO EVENT SHALL I BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MY TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO ME, IF ANY, FOR THE USE OF THE SITE OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.  

Indemnification

You agree to indemnify and hold harmless Jay Benjamin, his affiliates, officers, agents, and employees from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Site or Services, your violation of these Terms, or your violation of any rights of another.  

Termination

I may terminate your access to the Site and Services at any time, for any reason, without notice.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.  

Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the Site or Services shall be resolved through binding arbitration in Guilford County, North Carolina, in accordance with the rules of the American Arbitration Association.

Changes to These Terms

I may update these Terms from time to time. I will post any changes on the Site with an updated “Last Updated” date. You are advised to review these Terms periodically for any changes. Your continued use of the Site or Services after the posting of changes constitutes your acceptance of such changes.  

Contact Me

If you have any questions about these Terms, please contact me at:

Jay Benjamin
Email: legal@jbbenjamin.com