Terms of Use

Agreement Between You and This Site

benmcgary.com is operated by JayBen LLC dba Ben McGary, referred to here as "I" or "me." The site is offered to you on the condition that you accept these terms without modification. Using the site is your agreement to all of them. Read them and keep a copy.

This site exists for personal and professional branding. You can read what I publish, reach me, join a notification list, submit a review, and look at my past work.

Privacy

Your use of this site is also governed by the privacy policy and the cookie policy, which explain what is collected and who processes it.

Electronic Communications

Visiting this site or emailing me is an electronic communication. You consent to receive communications electronically, and you agree that notices, disclosures, and agreements delivered by email or posted on the site satisfy any legal requirement that they be in writing.

Email Consent

When you join a list, including the Symptom Selling notification list and the newsletter, you consent to email at the address you gave. Every list uses a double opt-in, so nothing is sent until you confirm. You can unsubscribe from any message with one click, or submit a data deletion request to remove your record entirely.

Acceptable Use

You get a non-exclusive, non-transferable, revocable license to access this site for personal use in line with these terms. You agree not to:

• Use the site for anything unlawful or prohibited by these terms.
• Damage, disable, overburden, or impair the site, or interfere with anyone else's use of it.
• Scrape, harvest, or bulk-download content for republication, resale, or model training without written permission.
• Probe, scan, or attempt to access data, accounts, or systems not intentionally made available to you.
• Submit false information, impersonate anyone, or send spam through any form on this site.
• Upload anything containing malware, or anything you do not have the right to share.

Content You Submit

Reviews, testimonials, contact messages, and any audio or video recording you upload are your content. By submitting it, you grant me a worldwide, royalty-free, non-exclusive license to store, transcribe, edit for length and clarity, display, and publish it on this site and in related materials, along with the name and role you provided.

• You confirm you own or control the rights to what you submit.
• You confirm anyone appearing or speaking in a recording has agreed to it being published.
• Recordings are transcribed by an AI service, so treat that as processing you agreed to.
• You can withdraw a published review by asking, and it will be removed.
• I may decline to publish, or later remove, anything for any reason.

Intellectual Property

All content on this site, including text, graphics, logos, images, marks, code, and the compilation of it, is my property or my licensors' and is protected by copyright and other laws. You may read it and share links to it. You may not modify, republish, transmit, reverse engineer, sell, create derivative works from, or otherwise exploit it, in whole or in part, without written permission. You do not acquire ownership rights in anything here, and no license is granted beyond what these terms state.

Copyright Complaints

If you believe something here infringes your copyright, send a notice to ben@benmcgary.com with the work you claim was infringed, the exact URL of the material, your contact details, a statement that you have a good faith belief the use is unauthorized, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized to act for the owner, and your signature. Valid notices are acted on promptly, and repeat infringers are removed.

Links and Third-Party Services

This site links to sites I do not control. I am not responsible for their content, their changes, or their privacy practices, and a link is not an endorsement. Some functionality here is delivered by third parties, and by using it you acknowledge that data may be shared with the provider delivering that function. They are named on the subprocessor page.

No Professional Advice, No Guaranteed Results

Testimonials and case examples describe individual experiences and are not a promise of any outcome. Results depend on factors outside my control, and nothing here should be read as an earnings claim or a guarantee.

Children Under Thirteen

I do not knowingly collect personal information from anyone under 13, online or offline. If you are under 18, use this site only with the permission of a parent or guardian.

International Users

This site is controlled and operated from the United States. If you use it from somewhere else, you are responsible for complying with your local law, and you agree not to use the content in any country or manner prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless JayBen LLC, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses, including reasonable attorney fees, relating to your use of or inability to use the site, anything you submitted, your breach of these terms, your violation of a third party's rights, or your violation of any law. I may assume exclusive defense and control of any matter subject to indemnification at my own cost, and you agree to cooperate.

Arbitration

If a dispute arising out of these terms cannot be resolved between us, it will be settled only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator administered by the American Arbitration Association or a similar service we agree on, in a mutually agreed location. The award is final and may be entered in any court with jurisdiction. The prevailing party in any action, proceeding, or arbitration is entitled to its costs and reasonable attorney fees. The arbitrator decides the entire dispute, including the scope and enforceability of this provision, and this provision survives termination of these terms.

Class Action Waiver

Arbitration takes place on an individual basis. Class arbitrations and class, representative, or collective actions are not permitted. The parties agree that a party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any putative class, collective, or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims or preside over any representative or class proceeding.

Disclaimer of Warranties

The information, software, products, and services on this site may include inaccuracies or typographical errors, and changes are made periodically. To the maximum extent permitted by law, everything here is provided as-is and as-available, without warranty or condition of any kind, and JayBen LLC disclaims all warranties and conditions, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No representation is made about the suitability, reliability, availability, timeliness, or accuracy of anything on this site.

Limitation of Liability

To the maximum extent permitted by law, JayBen LLC and its suppliers are not liable for any direct, indirect, punitive, incidental, special, or consequential damages, including loss of use, data, or profits, arising out of or connected with the use or performance of this site, the delay or inability to use it, or any information obtained through it, whether based on contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of damages. Some jurisdictions do not allow these exclusions, so they may not apply to you. If you are dissatisfied with any part of this site or these terms, your sole and exclusive remedy is to stop using it.

Termination and Access Restriction

I may terminate your access to this site or any part of it at any time, at my sole discretion, without notice.

Governing Law and General Terms

To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Dakota, and you consent to the exclusive jurisdiction and venue of courts in South Dakota for disputes arising out of the use of this site. Use of this site is unauthorized in any jurisdiction that does not give effect to all of these provisions. No joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement. If any part is found invalid or unenforceable, it is replaced by a valid provision that most closely matches the original intent and the rest stays in effect. This agreement is the entire agreement between us regarding the site and supersedes prior communications. A printed version is admissible in proceedings to the same extent as other business records. The parties intend this agreement and all related documents to be written in English.

Changes to These Terms

I may change these terms at my sole discretion. The most current version supersedes all previous versions, and the effective date is posted at the top of this page. Review it periodically.

Contact

JayBen LLC dba Ben McGary
514 Americas Way #14796
Box Elder, South Dakota 57719
ben@benmcgary.com