Terms & Conditions

Last Update: 10/18/2022

Benchmarket, Inc. (“Benchmarket” or “we” or “us”) provides the content posted on this Website subject to the following Terms of Use. By accessing and using the Website, you agree to be bound by these Terms of Use. These Terms of Use incorporate the entirety of the Benchmarket Privacy Policy posted on the Website. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the Website.

These Terms of Use apply to the benchmarket.io website (the “Website”) located within the benchmarket.io domain.

The information contained herein (the "information") may not be reproduced or disseminated in whole or in part without prior written permission from Benchmarket.

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1. Website Content

The Website, including without limitation the text, graphics, photographs, software, video and audio content, and the like that appear on the Website (the “Website Content”), is owned by or licensed to Benchmarket, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Users may not re-post, republish, reproduce or copy the Website Content to other web sites, or otherwise, without the prior written consent of Benchmarket. Users cannot sell, or distribute, Website Content to third parties, prepare derivative works of or otherwise exploit Website Content without the prior written permission of Benchmarket. To request permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Website Content, please submit your request in writing via e-mail to support@benchmarket.io. Benchmarket has no obligation to grant you permission to re-post, republish, reproduce, copy, sell, distribute, prepare derivative works of or otherwise exploit Website Content.

All of the Benchmarket trademarks, service marks and logos are owned by or licensed to Benchmarket and may not be used for any purpose without the prior written consent of Benchmarket, such consent shall be given in the sole discretion of Benchmarket.

2. Permitted Uses

Benchmarket does not provide investment or financial advice to you through the Website, nor do we provide you with financial or investment services through the Website. You agree that the Website and your use of the Website does not and will not constitute an offer or sale of any security, financial product, instrument or trading strategy (or the solicitation or recommendation thereof).

You agree that the Website and your use of the Website does not and will not constitute investment advice and that you will not rely on any Website Content when making an investment decision, or when buying or selling securities, financial products or instruments. You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any Benchmarket’ server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to any Benchmarket’ server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the Website. You will not link to any part of the Website if such activity is illegal, will cause damage to, or will otherwise harm Benchmarket or any other party. Moreover, Benchmarket reserves the right in its sole discretion to disable or otherwise terminate your use of the Website, or any links you make to the Website, or request you to do the same.

Benchmarket does not guarantee the Website Content is accurate, current, complete or that it provides all relevant or necessary information surrounding a particular topic. The Website Content should not be relied upon. The fact Benchmarket has made the Website Content provided on the Website available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on the Website is suitable or appropriate for you. Many of the products described on the Website involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently (without relying on the Website Content whatsoever) determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.

Benchmarket reserves all of its rights in the Website not expressly granted to you by these Terms of Use.

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3. User Accounts

If you create a user account for the Website, you agree to complete the registration process by providing current, complete, and accurate information as required by Benchmarket. You are responsible for all activities that occur under your account. You agree to notify Benchmarket immediately of any unauthorized use of your account or any other breach of security. Benchmarket will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by Benchmarket or another party due to someone else using your account. You may not use anyone else’s account at any time.

4. Privacy

These Terms of Use incorporate the entirety of the Benchmarket Privacy Policy posted on this Website and available here.

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5. Links to Other Websites

The Website may contain advertisements and/or links to other sites (“Third Party Websites”). These links are provided solely for the convenience of the users. Benchmarket does not endorse, sanction or verify the accuracy or ownership of the information contained in the advertisements or the content of any Third Party Website or any products or services advertised on Third Party Websites. If you decide to leave the Website and navigate to Third Party Websites, or install any applications, software or download content from any such websites, you do so at your own risk. Once you access a Third Party Website through a link on the Website, you may no longer be protected by these Terms of Use and you may be subject to the terms of use and other conditions of such Third Party Website. You should review the applicable terms and policies, including privacy and data gathering practices, of any such site to which you navigate to from the Website, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the Third Party Website itself. Benchmarket bears no responsibility for any action associated with any Third Party Website. Moreover, Benchmarket does not imply an affiliation with any Third Party Website.

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6. Limitation of Liability and No Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU AS IS AND Benchmarket SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO THEIR CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY AND NON- INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE WEBSITE AND WEBSITE CONTENT. IF YOU ARE DISSATISFIED OR HARMED BY BENCHMARKETt, THE WEBSITE OR ANYTHING RELATED TO BENCHMARKET, YOU MAY LEAVE BENCHMARKET AND TERMINATE YOUR USE OF THE WEBSITE AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, IN NO EVENT WILL BENCHMARKET, NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS OR MANAGERS (COLLECTIVELY, THE "BENCHMARKET ENTITIES") OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE WEBSITE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE WEBSITE, EVEN IF THE BENCHMARKET ENTITIES OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

In addition, please note that the Website may include technical and factual inaccuracies or typographical errors. Benchmarket has the right at any time to change, modify, correct, add to, discontinue, or retire any aspect or feature of the Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the Website (or any part thereof) on any particular device or communications service. Benchmarket has no obligation to provide you with notice of any such changes, and Benchmarket is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Website.

7. Indemnification

You agree to defend, indemnify, and hold harmless Benchmarket and the Benchmarket Entities from all liabilities, claims, damages, losses, and expenses, including attorneys’ fees that arise from your use of the Website. Benchmarket reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Benchmarket in asserting any available defenses.

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8. Modifications

Benchmarket may, at any time and in its sole discretion, revise, replace, update or otherwise modify these Terms of Use. Such modifications will be effective upon posting to the Website. You agree to be bound by any modification of these Terms of Use when you use the Website, effective after their posting to the Website. It is therefore important that you review these Terms of Use regularly to ensure you are updated as to any changes.

Please check this page periodically for changes to the Terms of Use. Your use of the Website following the posting of an updated Terms of Use constitutes acceptance of the last updated Terms of Use. You can determine if the Terms of Use have been revised since your last visit by referring to the “Last Updated” date listed at the top of this page.

9. Choice of Law and Jurisdiction

The Website is controlled and operated by Benchmarket from Illinois, in the United States of America, regardless of where its servers may be located, from time to time. You agree that any dispute relating to or arising under the Terms of Use or arising out of or related to your use of the Website shall be resolved exclusively by Illinois State or federal courts, applying Illinois law, regardless of any principles of conflicts of law. By your use of this Website, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes. Although the Website may be available worldwide, you understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.

If you have any questions about these Terms of Use, please contact us support@benchmarket.io.