Benchmark Strategic Metals Free Silver Offer

VOID WHERE PROHIBITED BY LAW
Must be a U.S. legal resident 21 or over and a new Subscriber customer of Benchmark Strategic Metals. A new Subscriber customer is a person or entity who has never placed a Subscriber order with Benchmark Strategic Metals. Commencing June 1, 2020, call 1 585 465-8988, ask for the “Free Silver Offer” and provide your name, telephone number, home address and email address, which information will be governed by Benchmark Strategic Metals privacy policy located at https://www.Benchmark Strategic Metals/privacy. You then will be entitled to obtain free Benchmark Strategic Metals products consisting of 50 silver bars and are the “Free Products”). In order to obtain the Free Products, you must complete a transaction for at least a $50.00 subscription (not including sales tax or shipping cost) of Benchmark Strategic Metals products not including purchases of products for inclusion in IRA(s). You must state that you are using the Free Silver Offer when placing the purchase order. The Free Products are available in connection with only one subscription order consisting of the new customer’s first subscription order, cannot be combined with any other promotion or offer, and cannot be transferred to any other person, entity, customer, purchase order or reorder. The Free Products will not increase the taxable amount of the purchased items unless required by law.

Only one set of Free Products per person, entity or residential address. Telephone calls for this promotion will be answered in the order received and qualified participants will be entitled to obtain a Benchmark Strategic Metals set of Free Products. While supplies last. The Free Products cannot be returned for cash, exchange, or credit against future purchases.

Benchmark Strategic Metals is not responsible for incomplete or dropped phone calls, lost, late, damaged, incomplete, stolen, illegible, misdirected, deleted, destroyed or altered information, or for any mail, computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability or garbled or jumbled transmissions, service provider/Internet/other accessibility or availability, traffic congestion, or unauthorized human intervention, as applicable. Except to the extent pre-empted by federal or other applicable state law, this promotion shall be governed by the laws of the State of New York (without giving effect to any conflict of law provisions thereof). By participating in this promotion, participants agree that any and all disputes which cannot be resolved between the participant and Benchmark Strategic Metals (including any of Benchmark Strategic Metals current or former officers, directors, managers, members, employees or agents), and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively, in arbitration, in a final and binding matter, applying the laws of the State of New York without giving effect to any conflict of law provisions thereof. Included within the arbitration are the determination of the breach, termination, enforcement or interpretation of these Terms and Conditions as well as the enforceability, validity, scope or applicability of this agreement to arbitrate and any allegations that this agreement to arbitrate is unconscionable or unenforceable in any way.

Subject to the arbitration provision, the participants and Benchmark Strategic Metals agree that Monroe County, New York is the exclusive venue for filing any action and hearing concerning disputes arising from or relating to this promotion. The participants and Benchmark Strategic Metals agree that any arbitration shall be administered by JAMS streamlined arbitration rules (the “arbitration rules”). Notwithstanding the foregoing sentence, this agreement shall supersede the arbitration rules to the extent of any conflict between these Terms and Conditions and the arbitration rules. The arbitration proceedings shall be kept in strictest confidence. The arbitration shall be conducted by a single arbitrator who shall be either a retired New York Superior Court Judge or a retired New York Appellate Justice selected in accordance with the arbitration rules from JAMS’ panel of Monroe County, New York arbitrators. The participants and Benchmark Strategic Metals agree that the exclusive venue for arbitration proceedings, including any arbitration hearing, will be Monroe County, New York. The participants and Benchmark Strategic Metals further agree to the personal jurisdiction of the Superior Court, Monroe County, New York, or the Federal District Court for the Central District of New York, to enforce the arbitration provisions in these Terms and Conditions. The participant and Benchmark Strategic Metals agree that they will share equally in the basic arbitration costs, including administration fees and the fees of the arbitrator. The participants and Benchmark Strategic Metals shall be responsible for their own attorneys’ fees related to the arbitration proceedings and agree that the arbitrator may not award costs or attorney’s fees to the prevailing party(ies).

By agreeing to arbitrate, the participants and Benchmark Strategic Metals are waiving any right to have such claims, disputes or controversies determined in a court of law by a judge or by a jury and are similarly waiving their rights to appeal. The participants and Benchmark Strategic Metals acknowledge and agree that, regardless of any statute or law to the contrary, any claim, arbitration, lawsuit, legal action, dispute or proceeding of any kind arising from or related to this promotion between the participant and Benchmark Strategic Metals is forever barred unless commenced within one (1) year from the date of the transaction arising from the promotion. The participants and Benchmark Strategic Metals further acknowledge that, but for this waiver, such party might have a longer time period to initiate a claim under state or federal law. A party’s liability in all claims whether sounding in tort, contract, warranty or otherwise shall not exceed the amount actually paid by a participant in the promotion for the products in dispute less the products’ fair market value as of the date any arbitration proceeding is commenced. Under no circumstances shall a party be liable to the other party for, and the arbitrator shall not award, indirect, incidental, additional, punitive, special, exemplary or consequential damages (including damages for lost profits to any party) even if a party has been advised of the possibility of such damages, and the parties waive any right to recover such damages. This paragraph states the exclusive damage remedies available to each party.