BENCHWORKS – WEBSITE TERMS AND CONDITIONS OF USEEffective Date: April 27, 2022
Copyright and Trademark Notices
All contents and graphics on this site are copyrights of Benchworks, except where noted, and the related logos are trademarks of Benchworks. Other products and company names mentioned herein may be the trademarks or tradenames of their respective owners.
Disclaimer of Warranties
THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. BENCHWORKS MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BENCHWORKS DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENCHWORKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BENCHWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. Benchworks will not be liable for: • The contents of any communication, message, or information provided to Benchworks by you or other third parties; • The contents of any website not controlled, owned, or operated by Benchworks that is accessed from or linked to this Site by direct or indirect means; • Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENCHWORKS AND ITS EMPLOYEES, OFFICERS, MANAGERS, DIRECTORS, MEMBERS, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS OR REPRESENTATIVES (COLLECTIVELY, THE “BENCHWORKS REPRESENTATIVES”) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR INJURIES FOR ANY CAUSE OF ACTION UNDER CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY THAT RELATES IN ANY WAY TO YOUR ACCESS, OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, INCLUDING ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION). BENCHWORKS SHALL NOT BE LIABLE EVEN IF BENCHWORKS OR AN BENCHWORKS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR ANY LINKED SITE, IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS OR SERVICES. TO THE EXTENT PERMITTED BY LAW, BENCHWORKS’ TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS AND CONDITIONS OF USE SHALL BE LIMITED TO ACTUAL, DIRECT DAMAGES, THE LESSER OF AMOUNT YOU PAID BENCHWORKS TO USE THE SITE OR A SERVICE THEREIN OR TEN DOLLARS ($10). IN ANY EVENT, BENCHWORKS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. NO CLAIM OR ACTION ARISING FROM OR CONCERNING THE SITE MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE. THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS AND CONDITIONS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.
The limitations of liability provided in these Terms and Conditions of Use inure to our benefit to all of the Benchworks Representatives. If certain states do not allow the limitation of liability for consequential or incidental damages, the above may not apply to you
You agree to indemnify and hold Benchworks, its directors, officers, employees, agents, and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of this Site; and (b) any alleged breach of these Terms and Conditions of Use.
This Site is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the system, Benchworks Site as a whole software, products or services obtained from or available as part of or in conjunction with this system. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these Terms and Conditions of Use.
This license is not a sale of any of the owner’s rights. The Benchworks Site may be used only by you, and you may not rent, lend, sub-license, or transfer the Site or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Site. You may not transfer to or store any data residing or exchanged over the Benchworks Site in any electronic network for use by more than one user unless you obtain prior written permission from Benchworks.
The Site may allow visitors to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audiovisual material, photographs, and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images or other content in any form (collectively “User Content”). By posting User Content on the Site, you hereby grant Benchworks an unrestricted, transferable, and sublicensable, irrevocable, royalty-free, worldwide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media or manner whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not, without any approval from you. You hereby disclaim any right to any compensation from Benchworks in connection with Benchworks’ exercise of its license rights in and to the User Content you have posted on the Site. You acknowledge and agree that Benchworks is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on the Site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
Benchworks has no obligation to monitor the Site or any portion thereof. However, Benchworks reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation or any compensation to you. Benchworks has no obligation to display or post any User Content. Benchworks reserves the right to disclose, at any time and from time to time, any information or User Content that Benchworks deems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. Benchworks and the Benchworks Representatives shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this Site, and you agree to hold them harmless from any liability associated with such User Content.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Benchworks a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Benchworks to locate the material on the Site;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Benchworks a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Links to Third Party Websites
Security and Restrictions
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You agree not to use the Site:
- In any way that violates any applicable federal, state, local or international law or regulation;
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Site; or
- Otherwise attempt to interfere with the proper working of the Site.
The Terms and Conditions of Use shall be governed by the laws of the State of Maryland, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Benchworks or its affiliates. This site is operated by Benchworks from the State of Maryland, United States of America. Benchworks makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from other locations, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions of Use shall be governed by internal Maryland and relevant federal laws, and irrevocable consent is hereby granted by both parties to the exclusive jurisdiction and venue for any action or dispute in the state and federal courts located in Maryland. Use of this site is unauthorized in any jurisdiction that does not comply with all provisions of these Terms and Conditions of Use, including without limitation this paragraph. You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
Given the nature of these terms, you understand and agree that, in addition to money damages, Benchworks will be entitled to equitable relief upon a breach of them by you, including the right to remove your account and any contents generated by you on the Site, block your access to the Site, and block IP addresses.
No waiver by Benchworks shall be construed as a waiver of any proceeding or succeeding breach of any provision. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.
Survival of Provisions
Each provision of the Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use shall be severable and construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by the competent court.
We intend that these Terms and Conditions of Use constitute the entire agreement between Benchworks and you. Any changes to these Terms and Conditions of Use between Benchworks and you must be in writing and signed by both parties.
Please send all questions, comments and notices regarding these Terms and Conditions of Use to: firstname.lastname@example.org