Terms of service
IBenefit Strap Terms of Service
Effective Date: [6/12/24]
Overview
Welcome to www.ibenifit.com (the “Website”). This Website is owned and operated by Shenzhen QuYue Life Technology Co., Ltd. (hereinafter referred to as “the Company,” “IBenefit”) (collectively referred to as “we” and “us”). In addition to the content on the Website, the Website also provides various shopping, e-commerce, and community services (the “Services”). Please read these Terms and Conditions (the “Terms”) carefully before using our Website and Services. If you choose to continue using or accessing the Website after having the opportunity to read these Terms, you acknowledge that IBenefit has provided valuable consideration by offering this Website for free, and in exchange for such consideration, you agree to these Terms. If you do not agree to these Terms, please do not use the Website and exit immediately.
We reserve the right to modify or amend these Terms at any time without prior notice. By continuing to use our Website after these changes are posted, you accept the modifications. Additional terms and conditions may apply to product purchases, such as shipping and return policies. By using the Website, you agree to these Terms and Conditions, as well as our Privacy Policy (available here) (collectively referred to as the “Agreement”).
Section 1 - Copyright and Ownership
All content displayed on the Website, including but not limited to text, graphics, photographs, images, animations, sounds, and illustrations (the “Content”), is owned by IBenefit. All elements of the Website, including but not limited to the general design and Content, are protected by copyright, trademark, and other intellectual property laws. The Services and Website may only be used for their intended purpose.
Unless otherwise specified in particular documents on the Website, you are permitted to view, play, print, and download files, audio, and videos from our Website for personal, informational, and non-commercial purposes only. You may not modify any materials, nor may you copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, or sell any information or works contained on the Website. Except as authorized by copyright law, you are responsible for obtaining permission before reusing any copyrighted materials provided by the Website. For the purposes of these Terms, it is prohibited to use any such materials in any other website or networked computer environment. You must comply with all applicable local, state, federal, and international laws, statutes, ordinances, and regulations regarding your use of the Website and Services.
Unless otherwise expressly provided, the Website, its Content, and all associated rights are the exclusive property of IBenefit or its licensors. You may not remove any copyright, trademark, or other proprietary notices from the materials found on the Website.
Section 2 - Products, Content, and Specifications
All features, content, specifications, products, and prices of the products and services described or depicted on this Website may change at any time without prior notice. Certain weights, measurements, and similar descriptions are approximations for convenience. We make every reasonable effort to accurately display the attributes of our products, including applicable colors; however, the actual colors you see may depend on your computer system, and we cannot guarantee that your computer will accurately display these colors.
The inclusion of any products or services on the Website at any particular time does not imply or guarantee that these products or services will be available at any time. You are responsible for knowing and complying with all applicable local, state, federal, and international laws regarding the possession, use, and sale of any items purchased from this Website (including age restrictions). By placing an order, you represent that the products you have ordered will be used only in a lawful manner.
All tapes, DVDs, and similar products sold are for private, home use (no admission fee), non-public performances, and may not be copied.
Section 3 - Shipping Restrictions
When an order is placed, it will be shipped to the buyer's designated address, provided that the shipping address complies with the shipping restrictions outlined on the Website. All purchases on the Website are made according to a shipping contract. Therefore, the risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for making claims with the carrier for any damage and/or loss of goods.
Section 4 - Accuracy, Completeness, and Timeliness of Information
We strive to ensure that the information on this Website is complete, accurate, and up to date. However, despite our efforts, information on the Website may occasionally be inaccurate, incomplete, or outdated. Except as prohibited by applicable New Jersey law, we make no representations or warranties regarding the completeness, accuracy, or timeliness of any information on the Website.
For example, products described on the Website may not be available, may differ in attributes from those listed, or the actual price may differ from the price shown on the Website. Additionally, we may change product pricing and availability information without prior notice. While our practice is to confirm orders via email, receiving an order confirmation email does not constitute acceptance of your order or our confirmation of the offer to sell products or services. We reserve the right to limit the quantity of products or services ordered and/or refuse service to any customer without prior notice. We may also request verification of information before accepting and/or shipping any order.
Section 5 - Third-Party Links
This Website may contain links to websites that are not owned, operated, or controlled by IBenefit or its affiliates. These links are provided solely for your convenience. If you use these links, you will leave the Website. Neither we nor our affiliates are responsible for the content, materials, or other information available from any other website.
We do not endorse, guarantee, or make any representations or warranties regarding any other website or the content, materials, or information available from any other website, or the results you may obtain from using any other website. If you choose to access any other website linked to or from this Website, you do so at your own risk.
Section 6 - Unauthorized Use of Computer Systems
You are prohibited from posting or sending any illegal, threatening, defamatory, obscene, pornographic, or profane materials, or any material that may constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law. Such violations may result in civil and criminal penalties for the sender and their agents.
You further understand and agree that these Terms explicitly prohibit sending unsolicited email advertisements to the Website or any user of the Website or through the voice computing system. Any such unauthorized use of our computer systems violates these Terms and applicable anti-spam laws. In addition to any remedies we may have under law or equity, if we determine, at our sole discretion, that you have violated or may violate the prohibitions above, we may take any actions we deem necessary to correct or prevent such violations, including but not limited to immediately removing related materials from the Website. We will fully cooperate with law enforcement agencies or court orders or subpoenas requiring or directing us to disclose the identity of any person posting such materials.
Section 7 - Account Security
You are fully responsible for the security and confidentiality of your password and account. You are also fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. You are responsible for taking precautions and providing the appropriate security measures that are best suited to your circumstances and the intended use of the Website and Services.
Section 8 - User-Generated Content
Any opinions, comments, artworks, graphics, photos, links, questions, suggestions, information, videos, and other materials (“User-Generated Content”) posted or transmitted by you or other users of the Website do not reflect the views of IBenefit or any individual associated with IBenefit, and we do not control such User-Generated Content.
In no event shall you directly or indirectly imply or suggest that IBenefit endorses User-Generated Content. IBenefit does not guarantee the accuracy or reliability of any User-Generated Content on our Website, nor do we accept any responsibility or liability for any actions you take based on such content.
By using the Website, you assume all risks associated with encountering User-Generated Content that may be offensive, harmful, inaccurate, or misleading. There are also risks in dealing with minors, impersonators, international trade issues, and foreigners. You accept all associated risks when using our Website.
Section 9 - User Reviews, Feedback, and Other Submissions
User-generated content remains the intellectual property of the individual user. By posting user-generated content on our website, you grant ibenifit a non-exclusive, perpetual, irrevocable, royalty-free, global, fully sublicensable right to use, copy, modify, adapt, publish, translate, create derivative works, distribute, and display such user-generated content in any media worldwide, whether now known or later discovered. Furthermore, you waive any "moral rights" in such materials.
Section 10 - Fees
For all products and services sold on the website, IBenefit will charge your credit card or other payment methods provided to IBenefit. If legal action is required to collect overdue balances, you agree to reimburse IBenefit for all costs incurred in recovering the overdue amount, including attorney fees and other legal expenses. You are responsible for purchasing all internet access services and telecommunications services required to use the website and for paying associated fees.
Section 11 - Access and Interference
You agree not to use any robots, crawlers, scrapers, or other automated methods to access this website for any purpose without our express written consent. Additionally, you agree not to:
(i) Take any action that imposes or may impose an unreasonable or disproportionate load on our infrastructure;
(ii) Interfere with or attempt to interfere with the normal operation of the website or any activities conducted on it; or
(iii) Bypass any measures we may use to restrict or prevent access to the website.
Section 12 - Force Majeure
Neither you nor we shall be liable for damages, delays, or failures in performance caused by events or actions beyond our reasonable control, including but not limited to: fire, lightning, explosion, electrical surges or failures, water, natural disasters, war, revolution, civil unrest, actions of government or military authorities, labor disturbances, including strikes, lockouts, or boycotts, or shortages of raw materials, transportation facilities, fuel, energy, or other public carrier actions or inactions.
Section 13 - Privacy
Your use of our website and services is governed by our Privacy Policy. Please read our Privacy Policy Privacy policy – iBenifit Strap Store.
Section 14 - Disclaimer
Except where prohibited by applicable New Jersey law, all information, materials, and services provided on or through this website are provided "as is" without any type of warranty, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. IBenefit and its affiliates do not guarantee:
(i) The accuracy or completeness of the information, materials, or services provided on or through this website;
(ii) Any updates or revisions to such information, materials, or services.
IBenefit does not guarantee that the functions of the website will be uninterrupted or error-free, that defects will be corrected, or that the servers providing content will be free of viruses or other harmful components.
We expressly disclaim all warranties, whether express or implied, regarding the website, its products, and services, except where prohibited by applicable law.
Section 15 - Limitation of Liability
You use this website at your own risk. You agree that our sole obligation is to provide this website "as is." Except where prohibited by applicable New Jersey law, IBenefit, its employees, officers, directors, agents, or any other party involved in the creation, production, or delivery of the website shall not be liable for any direct, indirect, special, incidental, or consequential damages (including, but not limited to, lost profits) arising from the use or inability to use the website, its content, or linked websites, even if we have been advised of the possibility of such damages.
In no event shall IBenefit or its affiliates be liable for any indirect, special, punitive, incidental, or consequential damages, including but not limited to data loss or business interruption, regardless of whether based on warranty, contract, tort, or any other legal theory.
Section 16 - Legal Notices for New Jersey Residents
If any provision of these Terms limits remedies in a way that would be prohibited under New Jersey law, such provision will not apply to consumers in New Jersey in the following cases:
(i) Negligence or failure to exercise basic care causing unreasonable injury risks;
(ii) New Jersey Product Liability Act (N.J.S.A. 2A:58C-1 et al.);
(iii) New Jersey Punitive Damages Act (N.J.S.A. 2A:15-5.9 et seq.);
(iv) New Jersey Uniform Commercial Code; and
(v) Failure of a regulatory agency to reasonably prevent third-party crimes like computer hacking or identity theft.
For New Jersey residents, the limitations or exclusions of certain types of damages do not apply to statutory damages, punitive damages, data loss, or property damage.
Section 17 - Indemnification
Except as prohibited by applicable New Jersey law, you agree to defend, indemnify, and hold harmless IBenefit and any affiliated companies or individuals from any and all liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your or your authorized users' violation of these terms or from the use of this website or the internet, your purchase, or any messages or information you or your authorized users post or transmit on the website, or any violation of law or third-party rights.
Section 18 - Release
If you have a dispute with one or more other users of this website, you release IBenefit (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential), including known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Section 19 - Termination
You or we may suspend or terminate your account or use of the website at any time, for any reason or no reason. You are responsible for any orders or charges incurred through your account prior to termination. We may also block your access to the website if:
(a) You violate these Terms of Service;
(b) We cannot verify or authenticate any information you provide;
(c) We believe your actions may cause financial loss or legal liability to you, our users, or us.
Section 20 - Website Disputes
"Website disputes" include:
(a) Any claims you make against the website;
(b) Any claims the website makes against you;
(c) Any actions taken to enforce or oppose these Terms and Conditions.
All other disputes are "non-website disputes," such as claims arising from the purchase of products or services.
Section 21 - Website Dispute Resolution
Website disputes must be resolved through individual (non-class) arbitration. By continuing to use the website after reviewing these terms, you accept these terms, including this arbitration agreement.
You and IBenefit waive the right to resolve website disputes through court litigation. Arbitration will take place in Oregon, administered by JAMS under its streamlined arbitration rules. The arbitrator can award the same damages and remedies as a court, but the process is different.
You agree not to participate in any class action or class arbitration regarding any website dispute. All website disputes must be resolved through arbitration.
Section 22 - General Terms
Any claims related to the use of this website and its materials are governed by the laws of the state of Oregon, USA. You consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon.
If any provision of these terms is deemed invalid or unenforceable, that provision will be removed, and the remaining provisions will continue in effect.
Section 23 - Digital Millennium Copyright Act (DMCA) Notice
If you believe any material on this website infringes your copyright, you may submit a DMCA infringement notice. The notice should include information about the copyrighted work, the allegedly infringing material, a statement of good faith belief, and your contact details.
Section 24 - Entire Agreement
This agreement constitutes the entire agreement between you and IBenefit, superseding any prior understandings or agreements. If you have any questions about these terms, please contact service@ibenifit.com.
Copyright and Trademark Notice
All website designs, graphics, arrangements, and software copyrights are owned by IBenefit. You may not use, copy, or distribute IBenefit trademarks without prior written consent.
If you have any questions about the Terms of Service, please contact: service@ibenifit.com.