This page states the Terms and Conditions under which you may use https://beyondbenchmarksllc.com/ (the “Web Site”). Please read this page carefully. If you do not accept these Terms and Conditions, do not use the Web Site. By using the Web Site, you are indicating your agreement to be bound by these Terms and Conditions. Beyond Benchmarks may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.
2. Use of Material
The contents of the Web Site, including, but not limited to, text, graphics, sounds, images and other material (the “Material”), are owned by Beyond Benchmarks and its licensors and vendors, and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
Beyond Benchmarks authorizes you to view and download a single copy of the Material on the Web Site, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform or distribute the Material. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
You may not copy or adapt the HTML or other code that Beyond Benchmarks uses to generate its pages. This code is also protected by Beyond Benchmarks’s copyright and other intellectual property rights.
3. Site Use
General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Security Rules: You are prohibited from violating or attempting to violate the security of the Web Site or from using the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Web Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Beyond Benchmarks packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Beyond Benchmarks may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations.
Specific Prohibited Uses: Beyond Benchmarks specifically prohibits any use of the Web Site, and you agree not to use the Web Site, for any of the following:
- distributing or otherwise publishing, without Beyond Benchmarks’s approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- soliciting other users of the Web Site to join or become members of any online service;
- deleting or revising any material posted by any other person or entity; or
- “scraping” or otherwise copying any of the Materials.
4. Linking to the Web Site
If you would like to link to the Web Site, you must comply with the following. A web site that links to the Web Site:
- may link to, but not copy, the Materials;
- should not frame or create a browser or border environment around the Materials;
- should not imply that Beyond Benchmarks is endorsing your web site or your products;
- should not misrepresent your relationship with Beyond Benchmarks;
- should not present false information about Beyond Benchmarks products or services;
- should not use Beyond Benchmarks trademarks or logos without permission from Beyond Benchmarks; and
- should not contain content that could be construed as distasteful or offensive.
5. User Submissions
As a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of their posting or other submissions. You agree not to:
- post or otherwise submit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- post or otherwise submit material that reveals trade secrets, unless you own them or have the permission of the owner;
- post or otherwise submit material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- post or otherwise submit material that is false, misleading, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- post or otherwise submit a sexually-explicit image or statement;
- post or otherwise submit chain letters or pyramid schemes; or
- impersonate another person.
Beyond Benchmarks does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
Beyond Benchmarks has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified of communications that allegedly do not conform to these Terms and Conditions, Beyond Benchmarks may investigate that allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Beyond Benchmarks has no liability or responsibility to users for performance or non-performance of such activities. Beyond Benchmarks reserves the right (i) to expel users and prevent their further access to the Web Site for violating these Terms and Conditions or the law, and (ii) to remove communications that are abusive, illegal, disruptive or which otherwise do not conform to the provisions of these Terms and Conditions.
By submitting content to the Web Site, you grant Beyond Benchmarks and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Web Site to access, display, view, store and reproduce such content. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
6. Beyond Benchmarks’s Liability
The Material may contain inaccuracies or typographical errors. Beyond Benchmarks makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Web Site.
BEYOND BENCHMARKS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, BEYOND BENCHMARKS IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. BEYOND BENCHMARKS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. BEYOND BENCHMARKS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
7. Disclaimer of Consequential Damages
IN NO EVENT WILL BEYOND BENCHMARKS, ITS SUPPLIERS, AFFILITIES OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEYOND BENCHMARKS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Links to Other Sites
The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Beyond Benchmarks of the contents on such third-party web sites. Beyond Benchmarks is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.
Beyond Benchmarks does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
You agree to defend, indemnify, and hold harmless Beyond Benchmarks, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. Beyond Benchmarks will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.
Beyond Benchmarks makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Indiana , without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms and Conditions will lie exclusively with the state or federal courts within Indianapolis, Indiana. You agree that you may not institute any action in any form arising out of use of the Web Site, the Materials or these Terms and Conditions more than eighteen (18) months after the cause of action has arisen. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any provision of these Terms and Conditions will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in another statement posted by Beyond Benchmarks on the Web Site, these Terms and Conditions constitute the entire agreement between you and Beyond Benchmarks with respect to the use of Web Site. No changes to these Terms and Conditions may be made except by a revised posting on this page.