Terms and conditions

Terms & Conditions

Have Fun!  Be Safe!  Shop Often!  and NEVER Give Out Your Password

 

Updated 8/3/2018

The following  applies to all visitors and registered users of the Jacob Benz website in it's entirety, which is owned in part by ESexyMale, LLC, and ESexyWear, LLC.

You agree to be bound by these rules , as Jacob Benz reserves the right, at anytime, to modify, alter, or update these Terms and Conditions, and you agree to be bound by such modifications, alterations, or updates. In the event of a violation of these rules and regulations,  Jacob Benz reserves the right to seek all remedies available by law and in equity.

**If you do not agree with any of the above or below, Terms and Conditions,

please exit now and do not use this site.


Materials You See on this Website and Your Use of Them

JACOB BENZ  MAKES NO REPRESENTATION THAT MATERIALS ON THIS SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS OUTSIDE OF THE U.S. DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. IF YOU ARE ACCESSING THE WEBSITE FROM WITHIN THE UNITED STATES, YOU HEREBY ACKNOWLEDGE THAT YOU ALSO CHOOSE TO ACCESS THIS SITE ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

Limited License:

All material on this site, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images,video, and audio, illustrations, special surveys, sweepstakes, games, and promotions, which are owned and controlled either by Jacob Benz, LLC,  an affiliated entity, or by third parties who have licensed their material to Jacob Benz, LLC (collectively, "Materials" ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Jacob Benz, LLC as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions:

a: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission;

b: you may not access or use the JacobBenz.com Web Site for any competitive or commercial purpose; and

The trademarks, logos, and service marks (collectively the 'Trademarks') which you see on this site are registered and unregistered trademarks of Jacob Benz, LLC, the participating unaffiliated merchants shown, and others. Nothing in this site grants to you any license or right to use any Trademark displayed on this site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this site, or any other content on this site, is strictly prohibited.

Mobile Website:

JacobBenz.com  Users with mobile phones that have internet access have the option to view the full html site that is available on your regular computers. You should be aware that some of the special pricing and promotions offered on the full html site may not show up on the Mobile Site. However, you can use the Mobile Site to take advantage of our special pricing and promotions that you view on the full html site or that you receive in an email offering from us, by using the code specified on the full html website or in the email when you are on the Mobile Site.

This site is controlled and operated by ESexyMale, LLC, from its offices located in The US, whose customer service mailing address is:

ESexyMale, LLC
c/o WebMaster
212 Ollie St NW
Atlanta, GA. 30314

e-mail address for Customer Service is cs@jacobbenz.com

Customer Service phone number is  (707) 893.7399

Linking:

Periodically, JacobBenz.com  may provide links from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the ESexyMale.com Web Site. None of such links should be deemed to imply that JacobBenz, LLC endorses the Third Party Sites or any content therein.

Disclaimer

JacoBenz.com  does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is  at your own risk and JacobBenz.com  will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

The material that you read in the JacobBenz.com site is provided solely for entertainment, promotional, and commerce purposes. Typographical Errors: Although all information on this website and in our print catalogs has been carefully checked for accuracy, typographical errors and omissions occur and are therefore subject to correction. We regret any inconvenience.

Communication:

JacobBenz, LLC welcomes your comments regarding our merchandise and services, including our Internet site. JacobBenz, LLC shall be free, but not obligated, to use any notes, messages, billboard postings, ideas, suggestions, photographs, or other material which you submit to ESexyMale.com will become property of JacobBenz, LLC and JacobBenz.com shall be entitled to use any kind and nature of material which you submit for any type of use forever including in any media whether now known or hereafter devised, all without any payment to or further authorization by you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. You understand that such communication may be accessed and viewed by others, including by the general public, and, whether or not such Communication are published, JacobBenz.com does not guarantee any confidentiality with respect to any User Communication. You are solely responsible for your own User Communication and the consequences of publishing them on JacobBenz.com if we choose to publish them once submitted.

JacobBenz, LLC reserves the right to determine in its sole discretion whether User Communication areappropriate and comply with these Website Terms, Conditions and Notices, including without limitation, the Prohibited Uses of Website and Services and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Communication.

You agree to indemnify JacobBenz, LLC,  it's shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions.

Prohibited Uses of Website and Services:

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that

a) contain corrupted files, viruses, or any other software files, with the the intent to damage the operation of another's computer;

a1) contain software, scripts or code with the intent to steal another person's identity;

b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable;

c) contain chain letters or pyramid schemes;

d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;

e) impersonate any person, business or entity, including our company and our employees and agents;

f) encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law

or anything else, in the judgment of  JacobBenz, LLC, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.

 

Limitation of Liability

Neither JacobBenz, LLC, nor its affiliated or related entities or its vendors or content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from (1) any JacobBenz.com  information or opinions provided on the JacobBenz.com  site or from the use of, or the inability to use, JacobBenz.com  materials on the site, or (2) any electronic or non-electronic tampering with the site, hacker activity, computer crime, or theft of personal information. You specifically agree that JacobBenz, LLC and it's affiliated companies are not liable for any defamatory, offensive or illegal conduct of any user, or for any illegal tampering with the site, hacker activity, computer crime, or theft of your personal information. If you are dissatisfied with the JacobBenz.com site or any materials on the site, or with any of the JacobBenz.com  Terms of Use, your sole and exclusive remedy is to discontinue using the JacobBenz.com  site.

 Termination

These Terms of Use constitute an agreement which is effective until terminated by JacobBenz, LLC at any time, without notice. JacobBenz, LLC may terminate your right to use this site immediately without notice to you if, in Jacob Benz LLCs sole discretion, you fail to comply with any of these Terms of Use. In the event of termination, you are no longer authorized to access the JacobBenz, LLC site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive the termination of this agreement. These Terms of Use constitute the entire agreement between you and ESexyMale, LLC relating to the subject matter addressed herein.

 The Law that Governs this Website

This agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, the principal place of business of ESexMaler, LLC without giving effect to any principles of conflicts of law. You agree to bring any claims against ESexyMale, LLC, exclusively in the state or federal courts of Georgia. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Notice for Copyright Infringement:

JacobBenz.com does not permit copyright infringing activities on this Web site. JacobBenz.com may remove any content of any kind that a user posts to this Web Site. JacobBenz.com may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify JacobBenz, LLC by providing the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

2. Identification of the location where the original or an authorized copy of the copyrighted work exists;

3. Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably  sufficient to permit JacobBenz, LLC to locate the same; 

4. Information reasonably sufficient to permit JacobBenz, LLC to contact you, such as an address, telephone number, and, if available, an email address;

5. A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Notice of claims of copyright infringement can be reached as follows:

By Mail: JacobBenz, LLC

c/o Webmaster

212 Ollie St NW

Atlanta, GA. 30314

 

whose e-mail address for Webmaster is  webmaster@esexywear.com

If you fail to comply with all of the requirements above, your notice may not be valid.