(Last UPDATED December 11, 2016)

Welcome to Benchmark Imaging, LLC’s website (“Website”).  We at Benchmark Imaging, LLC (“Company”) appreciate you visiting the Website.

Please read these Terms of Use (“Terms”) carefully.  They contain the legal terms and conditions that form a legally binding contract between you and the Company and govern your use of and access to the text, data, information, software, graphics, photographs, and other content on the Website (“Content”), as well as the Company’s provision of products and services.  Certain services, promotions and features may have additional terms and conditions, and those additional terms and conditions are incorporated herein by reference.

READ THESE TERMS CAREFULLY BEFORE BROWSING THE WEBSITE.  USING THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS.  YOU CANNOT USE THE WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

  1. Access.

When you access the Website, you are responsible for complying with the Terms.  Some content will only be available to you if you have an account with the Company.  You agree to provide true, accurate, current, and complete information while using the Website.  You understand and acknowledge that it is your responsibility to maintain the confidentiality of your password(s).  Should you believe that your password or other security information for the Website has been breached in any way, you must immediately notify the Company.

Occasionally, the Company collects certain personal information about you solely in connection with your access and use of the Website.  The Company’s use of that information is governed by the provisions of the Company’s Privacy Policy.  The Company reserves the right to require that you change your password or restrict your access to the Website as the Company deems reasonably necessary.

  1. Permitted Uses of The Website.

You are invited to use the Website for your personal and business purposes—provided you are purchasing the Company’s products and services for use in your business (“Permitted Uses”).

The Company hereby grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Content.  Your right to use the Content is conditioned on your compliance with the Terms.  You have no other rights in the Website or any Content, unless otherwise granted in a license agreement by and between you and the Company, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Content in any manner.

  1. Unauthorized Use of the Website, Acceptable Use Policy. 

The Company authorizes your limited use of the Website.  Any other use of the Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of the Website.  All rights in the Website remain the property of the Company.  Unauthorized use of the Website may result in violation of various United States and international copyright laws.

  1. Terminating Your Use of the Website. 

The Company or you may terminate your use of the Website at any time.  Your use of the Website will automatically terminate in the event you breach any of the Terms.

Unless the Company otherwise agrees with you in writing, the Company may terminate, suspend, or modify your registration with, or access to, all or part of the Website, without notice, at any time and for any reason.  You may discontinue your access to and use of the Website at any time.  In the event of an automatic termination for breach, you must immediately destroy any downloaded or printed materials (and any copies thereof).

  1. Disclaimers.

THE WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU.  THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS (EXCEPT AS PROVIDED IN A SEPARATE LICENSE AGREEMENT BETWEEN YOU AND THE COMPANY).  THIS MEANS THAT THE COMPANY DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, THE COMPANY makes no warranty that The Website will meet your requirements or that The Website will be uninterrupted, timely, secure, or error free or that defects in The Website will be corrected. The Company makes no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website.  No advice or information, whether oral or written, obtained by you through the Website or from the Company, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, “The Company Parties”) shall create any warranty.  The Company disclaims all equitable indemnities.

  1. Limitation of Liability. 

IN NO EVENT WILL ANY OF THE COMPANY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Exclusions and limitations. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages.  Accordingly, some of the above disclaimers and limitations of liability may not apply to you.  To the extent that any Company Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company Party’s liability shall be the minimum permitted under such applicable law.

  1. Other Agreements; Software, Services or Access. 

The Company may provide products (such as photographs and videos), services (such photography and videography) or access to the Website under the terms of a separate agreement between you and the Company, such as a license agreement (an “Other Agreement”).  The Company’s obligations regarding any product, service, or access that it makes available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and the Terms herein shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between these Terms and any Other Agreement, the Other Agreement will control.

  1. Modification of the Website. 

The Company reserves the right to modify, suspend, or discontinue the Website at any time without notice to you.  The Company may also revise these Terms from time to time by posting a revised version.  YOUR CONTINUED USE OF ANY OF THE CONTENT AFTER THE COMPANY POSTS ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING CONTENT OR USING THE COMPANY’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.

  1. Intellectual Property Rights. 

The Company respects the intellectual property rights of others, and therefore, asks you to do the same.  The Company may, in appropriate circumstances and at our discretion, terminate service and/or access to the Website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Website, please let the Company know by contacting us at customerservice@benchmarkimagingcorp.com.

  1. Links to Third-Party Websites. 

We think links are convenient, and so we have provided links on the Website to third-party websites.  If you use these links, you will leave the Website.  The Company is not obligated to review any third-party websites that you link to from the Website, does not control any of the third-party websites, and is not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, the Company does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them.  If you decide to access any of the third-party websites linked to from the Website, you do so entirely at your own risk and you shall be deemed subject to the privacy policies and terms and conditions for those third-party websites; these Terms are not applicable to your use of any such third-party websites.

  1. Linking to the Website. 

You are permitted to create links to the Website from other websites.  Unless an express agreement states otherwise, you must comply with the following terms and all applicable laws if you provide anyone with a link to the Website:

  • You may link to, but may not copy, any Content;
  • You shall not create a browser or border environment around any Content;
  • You shall not imply that the Company endorses or is affiliated with any such website that links to the Website or any products, services, or content available through that website;
  • You shall not misrepresent your relationship with the Company;
  • You shall not present false or misleading information about the Company, its products, or its services;
  • The website that links to the Website shall not contain content that could be construed as distasteful, offensive, or controversial; and
  • The website that links to the Website shall contain only content that is appropriate for all age groups.
  1. Intellectual Property; Trademarks. 

Benchmark Imaging, LLC has rights in its intellectual property, including its unregistered trademarks.  You may use the Company trademarks, in text, to refer fairly and accurately to the Company, its products and its services, subject to the guidelines below.  You may not use the Company name or trademarks in a manner likely to mislead consumers as to your relationship with the Company, as to the Company’s sponsorship or endorsement of your company, products or services, or as to the origin of your products or services.  Any use of the Company trademarks that is likely to confuse or mislead the public is unlawful and expressly prohibited.

  1. Indemnification. 

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.  The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company’s defense of such claim.

  1. Electronic Communications.

When you visit the Website or send e-mails to the Company, you are communicating with the Company electronically.  We may respond to you by e-mail or by posting notices on the Website.  You agree that all such notices and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.

  1. Governing Law.  

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice of law principles.  The parties consent to exclusive jurisdiction and venue in the federal and state courts sitting in Collin County, Texas.  In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs and other expenses.  

  1. Severability.  

If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable. 

  1. Waiver.  

No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement. 

  1. Notice.  

All notices required to be sent to the Company should be sent via email to customerservice@benchmarkimagingcorp.com.  All notices to you will be sent via email to the email set out in your account.