Terms and Conditions
These terms and conditions will govern all issues that may arise in relation to your access to https://bennettanalytics.com/ or use of its analytics and engineering solutions, technical information, and related forums, social media, or services being offered on this website (collectively the Service). The Service may be subject to additional terms and conditions of the respective service providers. Please carefully review these terms and conditions before using any service being offered on the website. If you don’t agree with these terms and conditions, you may not use this website.
Service Description
The website https://bennettanalytics.com/ is owned and operated by Bennett Analytics Corporation, and can be contacted at:
Bennett Analytics Corporation
101 West Riverdale Ave. Suite 15,
Orange, California, 92865-1054
The website offers a wide range of analytics and engineering solutions such as Aerodynamic Design and Analysis, Computational Fluid Dynamics, Motorsports Race Engineering, Spacecraft Engineering, Systems Engineering, Unmanned Aerial Vehicle Flyover Service, Wind Energy Systems, Wind Tunnel Test Planning and Support, and Product Development.
Agreement
All users, including the guest visitors, shall enter a binding agreement with Bennett Analytics Corporation for using this website. Clicking I Agree or related syntaxes, buttons or links on any part of this website or the interface of your device shall be deemed as your digital signature to bind you to these terms and conditions.
When you enter this agreement, it shall be deemed that you are at least 18 years old and otherwise qualified to enter a legally binding agreement, and if you are not, accessing this website or using the Service under the supervision and guidance of your legal guardians who shall enter this agreement on your behalf. However, minors of less than 13 years of age are not allowed to use this website.
All matters arising out of your access to this website or use of the Service will be governed by your entire agreement with Bennett Analytics Corporation. You may be required to enter additional agreements, including but not limited to the Privacy Policy, End-user licenses, process and procedures, and additional agreements for using any third party application, service or platform. Bennett Analytics Corporation reserves a discretionary right to determine the process and procedures of using the Service.
It shall be your responsibility to ensure that you have correctly measured the required Wing or Wicker Bill product dimensions and are purchasing the right size or solution for each product. Bennett Analytics Corporation shall not be liable for any non-performance due to purchasing incorrect products or solutions on the website.
Bennett Analytics Corporation may monitor your activities on the website, but shall have no obligation to do so. If we find that you have violated any provision of this agreement, we will suspend/terminate your access to the website and prevent you from using the Service any further. In cases of suspected behavior or activities, we may take any proactive measure and disclose your information, recorded messages, communications or other content to relevant authorities/third parties in its sole discretion.
Third Party Services
All third party services, including social media, payment processing, hosting, and third party engineering solutions being made available on this website shall be subject to additional terms and conditions of the respective service providers. Accessing or using any third party service on this website shall be deemed as your consent to accept the terms and conditions of the respective service providers.
Bennett Analytics Corporation will never be a party to your relationship with the service providers or other third parties who contribute to the running of the website and deliver the Service in a trouble-free manner.
Bennett Analytics Corporation or its directors, shareholders, officers, and employees will not be liable to you or to any third party for any issue that may arise from your use of third party applications, service, solution, or content being offered or otherwise made available on this website.
Registration / Subscription
Access to the website shall be voluntary, but you may be required to register/subscribe with Bennett Analytics for using the Service being offered or made available on this website. When you subscribe to any service or use our contact form, you may be required to submit your personal information such as name, contact number, email address, shipping address, credit card information and other details of your demographic profile for sending a message or receiving any service. Your personal information will be handled according to our Privacy Policy as part of this agreement. Please refer to our Privacy Policy to understand how we protect your personal information on this website.
When you submit your personal information or any content on this website, it shall be deemed that submitted content is true, authentic, accurate, complete, updated and reliable to the best of your knowledge, and you own the copyrights or are authorized to share such information.
When you create an account on this website, you shall be responsible for maintaining the confidentiality of your login information and liable for all activities that may take place under your account. If you suspect any kind of unauthorized access to your account, please report the matter to jeffb@bennettanalytics.com. Prompt reporting of such issues may prevent or minimize your liabilities from any kind of unauthorized access or activities under your account.
Bennett Analytics Corporation reserves the right to screen your personal information before allowing you to use any service or solution being offered on this website. If we believe, or become aware at any point, that you have submitted misleading, incomplete or fraudulent information, we may suspend or terminate your access to the website and prevent you from using the service any further, unless you comply with this agreement.
Nothing in this website shall grant you any rights to claim compensations on the ground that your access to the website was restricted in any manner or the Service, including the social media, technical information, and/or engineering solutions failed to perform as per your expectations.
Pricing and Payment
All prices, subscription packages, promotional campaigns, exclusive offers and promotional deals shall be subject to change without any prior notice. Continued use of the Service shall be deemed as your acceptance of the changed price, process, and procedures for using the Service.
When you purchase any product or solution on this website, it shall be deemed that the submitted billing information is accurate and updated, and your payment instrument has sufficient funds for processing your order. Bennett Analytics Corporation shall not be liable for any charges or fees imposed by your card issuer bank, or financial institution for membership, overdraft, insufficient funds, over the credit limits, or otherwise. We are not liable for any disappointment/non-performance due to your failure to provide authentic payment details.
Only listed payment instruments shall be accepted for placing your orders. We reserve a right to add or remove any payment instrument in our sole discretion.
Bennett Analytics Corporation reserves the right to collaborate with any third party payment processor. When you purchase any product or engineering solution being offered on this website, it shall be deemed as your consent to abide by the terms and conditions of the respective payment processor. Please be aware that third-party payment processors or other service providers may collect and use your personal information in relation to their services.
All payments to Bennett Analytics Corporation shall be non-refundable. In case we are liable for any refund, the fees for any value-added service that may have been offered for free shall be deducted from the refundable amount. All refunds will be made to the original payment instrument that was used for purchasing the products or engineering solutions.
Copyrights and Trademarks
This website, its content, and presentation, including the texts, images, videos, graphics, descriptions, page headers, logos, icons, trademarks, service marks, scripts, applications, technical knowledgebase, engineering solutions, analytics services and associated service names are owned by Bennett Analytics Corporation and its Collaborating Partners, and are fully protected by the U.S. copyright and trademark laws and relevant international conventions. Copyrights © 2016 Bennett Analytics Corporation. All Rights Reserved.
You are allowed to access/download analytics reports, technical information, applications, product design and development methodologies, engineering solutions or other shared content or knowledge base for personal use, but nothing in this agreement shall grant you any rights, by implication, estoppel, or otherwise, to edit, copy, reproduce, transfer or redistribute the accessed / downloaded content for selling, leasing, republishing, creating derivative work or exploiting it in any manner or media without obtaining prior consent from Bennett Analytics Corporation and/or other copyright holders.
You are not allowed to alter the sequences of any presentation, description, pictures, videos or illustrations in the accessed / downloaded content, or remove the copyrights, trademarks and relevant proprietary rights notice from such content. You should always respect the proprietary rights of the collaborating service providers, including their copyrights, trademarks, service marks and intellectual property.
Any violation of this section while using the website/service, whether online or offline, will invoke the provisions of copyright violations and unauthorized use of protected content. You shall be solely responsible for any liability that may arise in relation to your copyright violations and unauthorized use of protected content on this website.
Notice of Copyright Infringement
Bennett Analytics Corporation holds in good faith that the users of this website will respect your copyrights, but if you believe that your proprietary rights have been violated on this website, please notify us, and we shall investigate all such notices of alleged copyright infringement as per the Digital Millennium Copyright Act and relevant laws.
However, you shall submit a DMCA notice regarding alleged infringement of your copyrights, and once received as described below, we will investigate the matter and disable/remove access to any material, reference, link or activity that actually violated your copyrights or trademarks on this website.
All inquiries or notices that are not compliant with DMCA will be ignored. Please make sure that your copyright infringement notice includes and complies with the following procedural requirements:
Once we receive your notice, we will remove / disable the content that actually infringed your copyrights. You should acknowledge that submitting a false DMCA notice may result in significant penalties as per the relevant laws in the United States.
Prohibited Activities
You may use this website for lawful purposes only. Violating any local, state or federal laws on this website shall be strictly prohibited. You shall never use our engineering solutions for developing any kind of weapon or support system for terrorist organizations or regimes. The following activities, but not limited to, shall not be allowed on the website/Service:
Any violation of this section will invoke the provisions of a criminal offense under the relevant laws related to cyber crime. Bennett Analytics Corporation reserves the right to take required proactive measures and disclose any information, content, recorded messages or communications to relevant authorities / third parties at its sole discretion.
User Generated Content
Bennett Analytics Corporation may invite you to join its Facebook page or sponsor blogs, forums and social media on this website where you can interact and post your views, reviews, comments, feedback, suggestions or relevant information related to engineering solutions or any other aspects of the Service.
When you upload/submit any content on social media or provide your suggestions or feedback for participating in any survey, contest or promotional campaign, Bennett Analytics Corporation shall be entitled to a perpetual, irrevocable, royalty-free and worldwide right over your uploaded/submitted content (User Generated Content) being featured, shared, or communicated on/through the Service.
Bennett Analytics Corporation reserves the right to modify, distribute, transfer, use, or share any user-generated content with its collaborating partners, service providers, or other third parties without any compensation, acknowledgment, or payment to you for sales promotion, product development, or improvement in its engineering solutions. However, your business data will be deemed as confidential information and never disclosed to third parties without your consent.
You shall never edit, modify, change or otherwise counterfeit any copyrighted material or content that you may access or download while using the Service.
All user-submissions on forums, social media, or publicly accessible sections of this website shall be deemed as non-confidential and Bennett Analytics Corporation may use or disseminate any such content for marketing/commercial purposes, without any restrictions, conditions, acknowledgment, consent, or compensations. We may disclose any user submission when such disclosure is necessary to:
If we become aware at any point that posted, shared, or uploaded content doesn’t comply with our policies and guidelines, we may edit, modify, or delete any user-generated content in our sole discretion.
Termination/Cancelation
Bennett Analytics Corporation reserves the right to terminate this agreement in its sole discretion and prevent you from using the Service any further. The following conditions, but not limited to, shall be deemed as sufficient grounds for such termination:
You may stop using the Service and terminate this agreement at any time, but any termination of this agreement will never affect your pending financial obligations. You shall be liable to discharge your pending liabilities and obligations in relation to the Service or activates on the website.
No claims, refunds or damages shall be entertained on the grounds that your access to the Service was suspended or permanently terminated without giving any kind of notice regarding such suspension/termination.
Indemnification
You shall indemnify Bennett Analytics Corporation and hold its partners, subsidiaries, affiliates, licensees, service providers, executives, and employees harmless against all kinds of losses, claims, and expenses, including the administrative or legal expenses that may arise from:
The provisions of this agreement shall survive any termination of this agreement.
Disclaimer of warranties
Bennett Analytics Corporation disclaims all warranties and representation to the maximum extent permissible under the law. Nothing on the website shall create any kind of implied warranty, condition, duty, or obligation to common law or otherwise, unless such warranties and conditions have not been specifically mentioned in this agreement. We don’t claim that our technical knowledgebase, know-hows, applications, theoretical constructs, engineering solutions, or any other product, service, content, or resources being offered or made available on this website will meet your requirements/expectations.
Nothing on this website, including the oral/written communication by customer support executives, shall create any kind of express or implied warranty, condition, or representation regarding the availability, reliability, authenticity, merchantability, or suitability of the Service as per your project requirements, preferences, or expectations.
You should acknowledge that Engineering Solutions, Product Development, Analytics and Computational Services and related reports, information, technical knowledgebase, views, reviews, advice, suggestion, or recommendations are being provided on an as-is and as-available basis. Computational techniques and Engineering solutions may perform differently due to variations in physical and environmental conditions. We don’t provide any kind of warranty/guaranty regarding the accuracy of results and/or solutions as per your expectations. To be more specific, the products being offered or made available on this website don’t carry any kind of manufacturer’s warranty due to their use in extremely challenging conditions like sports racing and wind tunnel testing.
Nothing on this website shall create any kind of warranty or representation that the Service will be free from errors, omissions, viruses, infringements, or interruptions, and any such occurrence will be restored immediately or promptly. You shall bear all the risks that may be involved in using the Service over the Internet. Bennett Analytics Corporation shall not be liable for any claims or liabilities that may arise from downloading any content or using its engineering solutions.
Bennett Analytics Corporation shall not be liable for any temporary or permanent disruption, suspension or termination of the Service due to technical limitations, unforeseen circumstances, or changes in the Service itself. The Service may be temporarily suspended for maintenance, restoration, or introduction of new features/services.
Third-party logos, trademarks, and service marks that have been featured on this website are not associated, linked or affiliated with Bennett Analytics Corporation. Such logos, trademarks, and service marks are exclusive properties of their respective owners, vendors and service providers. Featuring third-party logos, trademarks and service marks doesn’t mean that we are endorsing or recommending their products, services or solutions.
Limitation of Liabilities
Bennett Analytics Corporation shall not be liable for any direct, indirect, incidental, consequential, punitive or special loss or damages, including but not limited to financial loss, low profits, loss of credibility, goodwill, business opportunity, cost saving potential, peace of mind or other intangible damages that may arise (1) in relation to any product, service, application, know-how, technical knowledgebase, or other content/resources being made available on the website, (2) your ability or inability to use our engineering solutions, exclusive deals, promotional offers, or any other aspects of the Service being offered on the website, (3) your failure to select the right size or product dimension, (4) escalated cost of buying substitute services and solutions, (5) unauthorized access to your account and/or misuse of your personal information, (6) any other matter related to the Service being offered or made available on this website, irrespective of the fact that such losses/liabilities result from any misrepresentation, willful negligence, tort, breach of contract and/or statutory responsibilities or otherwise, and the possibility of such damages was already conveyed to Bennett Analytics Corporation.
This limitation of liabilities shall be subject to the applicable laws in your jurisdiction, but in any case, our entire liabilities whether arising from non-performance, misrepresentation, tort, breach of contract, negligence of statutory duty, restitution or otherwise, shall never exceed the total amount that you paid for obtaining the service or solutions immediately preceding any such event that makes us liable.
If you are dissatisfied with any aspect of the Service, discontinuation of the Service shall be your sole remedy.
Dispute Resolution
The parties shall consent to resolve their disputes through mutual negotiations. If any claim, action, dispute or controversy arises in related to the Service, or any breach, enforcement, interpretation, validity or other matters related to these terms and conditions, the aggrieved party shall notify the other party in writing and both parties shall appoint a designated representative within a reasonable time frame to resolve the dispute.
If the parties to this agreement are unable to resolve their disputes within 30 days from the notification, the aggrieved party may file an arbitration to be conducted before JAMS or its successor. However, the arbitrator should have no authority to award punitive and consequential damages, including the legal expenses. The parties shall waive their rights to class arbitration, class action, or other representative action or proceedings.
The parties shall be free to approach the U.S. District Court / Superior Court to execute or obtain injunctive relief against the executive of the arbitration award. The parties shall consent to submit to the exclusive jurisdiction of the U.S. courts over all disputes and matters related to the use of the Service and/or interpretation of these terms and conditions or additional agreements entered by them.
Third party links
This website may include links/ads to third-party websites, services or content. Such ads and links may be included for providing useful information related to quality engineering solutions in various fields such as Aerodynamic Design and Analysis, Computational Fluid Dynamics, Motorsports Race Engineering, Spacecraft Engineering, Systems Engineering, Unmanned Aerial Vehicle Flyover Service, Wind Energy and Wind Tunnel Test Planning and Support or Product Development. However, we don’t claim that any content, including the theoretical models, applications, products or services being featured or made available by such third parties will be reliable, accurate, authentic, or suitable as per your requirements or expectations.
We don’t endorse/recommend third party websites, products, services and related applications or content. Third party websites and services are governed by their own terms and policies. Please review the relevant terms and conditions before using any third-party website, service, or content being featured or linked to this website.
Bennett Analytics Corporation shall not be liable for any loss, damages, claims or consequences that may arise in relation to your use of third party websites and reliance on their applications, theoretical constructs, products, services, information, or other content.
Privacy Policy
Our complete Privacy Policy can be read here.
Jurisdiction
This agreement shall be interpreted according to the laws of the State of California, without regard to its conflict of law provisions. With respect to any disputes or claims that may not be settled through arbitration, as set forth in this agreement, the parties shall consent to submit before the non-exclusive jurisdiction of the courts in the State of California, United States.
If you are located outside the United States, it shall be your responsibility to ensure that the Service is available in your country, and by accessing/using the website, you are not violating any local, state and federal laws or embargoes for being a resident of restricted country or listed in any governmental list of prohibited parties/entities.
Severability
If any provision or part of this agreement is declared void by the courts or becomes unenforceable due to enacted legislation or otherwise, the affected clause/section shall be severed and the remaining agreement shall continue with full legal sanctity. When feasible, the impugned sections shall be replaced by new provisions in the true spirit of this agreement.
Miscellaneous
This agreement shall be deemed as part of your entire agreement, including the End-user licenses, Privacy Policy, and additional agreements that you may enter with Bennett Analytics Corporation for using any feature/service being offered on this website. Please acknowledge that the Service is subject to additional terms/licenses for using any third party application, service, or content being made available on this website.
Your rights and obligations will remain non-transferable under this agreement. You are not entitled to assign, lease, sub-license, change or otherwise transfer your rights and obligations to third parties, in whole or parts thereof, without obtaining prior consent from Bennett Analytics Corporation. Furthermore, Bennett Analytics Corporation shall be allowed to assign its rights and obligations to any third party that it deems necessary to provide the Service.
If Bennett Analytics Corporation is unable to enforce a strict compliance with this agreement or decides to ignore your non-performance due to specific circumstances, it shall never be deemed as a waiver of its right to demand strict compliance/performance against any subsequent violation of this agreement.
The heading and paragraphs of this agreement shall be used for convenience only, and should have no role in interpreting any provision of this agreement.
The parties shall remain independent entities and should not assume/create any obligation or enter into a binding agreement on behalf of the other party. Nothing on this website shall create any kind of partnership, joint venture, franchise, agent-principal, or employer-employee relationship between the parties to this agreement.
A printed version of this agreement and/or any other electronic notice or communication in relation to the Service shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents/records can be originally generated and maintained in printed form.
Changes to this Agreement
Bennett Analytics Corporation reserves a discretionary right to modify or replace this agreement at any time. If these terms and conditions are changed/modified, we will publish an update notification and inform you by sending a notification at your primary email address registered on the website.
All policy changes that take place in compliance with legal or administrative requirements will become effective immediately upon its notification. In the case of other substantial changes, we will allow reasonable time before modified agreement becomes effective. Once notified and effective, the modified agreement will replace and supersede all previous versions of this agreement. Continued access to this website or use of the Service shall be deemed as your consent to accept the modified agreement.