Last updated on:
April 1, 2011
You can view Benchmark IME’s Privacy Statement on this Website.
All services referred to on the Website are subject to the terms of the applicable agreement governing their use. The Website does not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.
Unless otherwise indicated, all marks displayed on the Website are subject to Benchmark IME’s trademark rights. All rights in the product names, company names, trade names, logos and designs of Benchmark IME or a third-party, whether or not appearing with the trademark symbol, belong exclusively to Benchmark IME or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.
You agree to indemnify and hold Benchmark IME, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (the “Benchmark Parties“) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Benchmark Party in connection with any claim (whether by Benchmark IME and/or a third party), including without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, that arises out of:
1. Your use of the Website;
2. Your connection or access to the Website;
4. Your violation of the rights of any other person or entity.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Data and Access Disclaimer:
We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using the Website.
The Website is “As-Is”:
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS”. BENCHMARK IME AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PARTNERS AND LICENSORS (the “Benchmark Parties“) DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS. NO WARRANTY OR CONDITION OF ANY KIND (IMPLIED, EXPRESS, OR STATUTORY) IS GIVEN IN CONNECTION WITH THE WEBSITE.
Limitation Of Liability:
THE BENCHMARK PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE WEBSITE INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN SUCH BENCHMARK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OF EXPENSES.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, thus the above limitation may not apply to you.
Withdrawal of Access:
Third Party Website Disclaimer:
Please note that the Website may contain certain links which may take you to other websites. Links to other websites or other resources which are not created or controlled by Benchmark IME (“Linked Sites”) are intended for convenience only. Linked Sites are wholly independent from Benchmark IME, therefore Benchmark IME has no control over any products, services, materials, or other information contained in or available through these third party websites. Therefore, access to any third party websites through the Website, regardless of whether the third party website is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. Benchmark IME makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.
E-mail to Benchmark IME:
If you send Benchmark IME confidential information by e-mail, Benchmark IME will not be liable if it is lost or intercepted, altered or misused by someone else. Furthermore, do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or violate any law.