Effective Date: October 21st, 2024
1. Introduction
Welcome to the Benchmark website (the "Site"). These Terms & Conditions ("Terms") govern your use of our Site and services provided by Benchmark ("Company", "we", "our", "us"). By accessing or using our Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Site.
2. Use of the Site
2.1 Eligibility
You must be at least 18 years old to use our Site. By using our Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
2.2 License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site for your personal, non-commercial use, subject to these Terms.
2.3 Prohibited Activities
You agree not to use our Site for any unlawful or prohibited purpose, including but not limited to:
Violating any applicable laws or regulations
Infringing on the rights of others, including intellectual property rights
Uploading or transmitting viruses or other harmful code
Engaging in any activity that interferes with or disrupts the Site or its services
Collecting or storing personal information of other users without their consent
3. Intellectual Property
All content and materials on our Site, including but not limited to text, graphics, logos, images, and software, are the property of Benchmark or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content or materials on our Site without our prior written consent.
4. Disclaimer of Warranties
Our Site and services are provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our Site or the information, content, or materials included on our Site. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
5. Limitation of Liability
In no event shall Benchmark or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Site or services, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
6. Indemnification
You agree to indemnify, defend, and hold harmless Benchmark and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our Site or services, or your violation of these Terms.
7. Changes to These Terms
We may update these Terms from time to time. If we make changes, we will notify you by revising the "Effective Date" at the top of these Terms and, in some cases, we may provide additional notice (such as adding a statement to our homepage or sending you a notification). Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in [Your State/Country] for the resolution of any disputes arising out of or relating to these Terms or your use of our Site.
9. Contact Us
If you have any questions about these Terms, please contact us at:
Benchmark
[Address]
support@benchmark-independent.com
[Phone Number]
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