Terms and Conditions
Welcome to our site. We ask that you review these terms and conditions, which are intended to constitute a binding license agreement between you and Quality Infosystems, Inc. ("Company," "us," or "we"), conditioning your use of this site (this "Agreement"). This Agreement applies to all proprietary material available through this Internet site, www.Benchmarkinfotechs.com (this "Site"). If you do not wish to be bound by this Agreement after you have read it, please leave this Site. If you remain on this Site, or return thereafter, you agree to be bound by this Agreement.
1. Responsible Conduct. You agree to act responsibly at this Site and to treat other visitors with respect.
2. Statement of Ownership. Original material which we post on this Site is protected by intellectual property laws. Unless otherwise noted, product names, designs, logos, titles, text, images, audio, and video within this Site are the trademarks, service marks, trade names, copyrights, or other property of the Company (the "Intellectual Property"). All other unregistered and registered trademarks are the property of their respective owners. Changes are periodically made to the content and information contained in this Site. The Company reserves all rights of ownership.
3. Use of Intellectual Property. The Company maintains this Site. Please feel free to browse this Site. Except as required to review material on this Site, electronic reproduction, modification, distribution, transmission, performance, display, or other use of the content of this Site for public or commercial purposes is expressly prohibited without our written permission, which may be requested by contacting us at info@benchmarkinfotechs.com or (800) 678-0964. This content includes the text, images, audio, and video on this Site.
4. Material Which You Post.
a. Prohibited Material. You agree not to post on this Site any software, information, data, databases, music, audio, video, or audiovisual files, photographs, images, documents, text, digital files, or other material ("Material") which violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or, to the extent protectable, confidential ideas) or which violates U.S. law or which is obscene, defamatory, racist, excessively violent, harassing, or otherwise objectionable ("Prohibited Material").
b. License, Representation, and Warranty. By posting Material to this Site, you hereby grant us an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, or perform (either publicly or by digital audio transmission) the Material, or publicly display all or any portion of the Material on our websites. You further represent and warrant that you own all rights to such Material.
c. Removal Right. You expressly agree that we may remove, disable, or restrict access to or the availability of any Material from this Site (including but not limited to Material which you have posted) which we believe, in good faith and in our sole discretion, to violate the terms of this Agreement (whether or not we are in fact correct in our assessment), or which is the subject of a notification sent to us in accordance with the notification policies stated in Sections 5 and 6. If you believe that we have acted mistakenly with respect to certain Material, you may contact us at info@benchmarkinfotechs.com or (800) 678-0964, in which case we may investigate the matter further. We reserve the right, however, to take no further action. Posting Material at this Site is a privilege and not a right. Under no circumstances may we be held liable for removing, disabling, or restricting access to or the availability of Material. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or help identify or locate anyone posting Material to this Site.
5. Notification of Copyright Infringement. The Company will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or accessible from this Site, please provide the Company a written notice containing the following elements:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b. A description of the copyrighted work or works you claim have been infringed;
c. Identification of the allegedly infringing material and information reasonably sufficient to permit the Company to locate the material on the Site;
d. Your contact information, including your name, address, telephone number, and email address;
e. A statement that you have a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in your written notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
6. Good Samaritan Third-Party Content Policy. It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow Prohibited Material to be posted on this Site. We will do our best, in good faith, to remove, disable, or restrict access to or the availability of Prohibited Material or Material that, in our subjective view, contains Prohibited Material. The provisions of this Section 6 are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct. We ask you to promptly notify us if you believe someone has posted Material that infringes intellectual property rights, violates U.S. law, or contains Prohibited Material.
7. Privacy. To access and use portions of the Site or services provided by the Company, you may be asked to provide contact or other information. It is a condition of your use of the Site that all information you provide is complete, current, and accurate. All information you provide to the Site is governed by our PRIVACY POLICY, and you consent to all actions the Company takes with respect to your information consistent with our Privacy Policy.
We do not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children at this Site. This Site is intended for use by adults. By posting, storing, or otherwise entering information or inquiries on this Site you agree that we may contact you with respect to the content of such information or inquiries.
8. DISCLAIMER OF WARRANTIES. IN ORDER TO PROVIDE YOU WITH THIS FREE SERVICE, WE ARE UNABLE TO OFFER ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH YOU MAY OBTAIN ON THIS SITE. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE TO YOU "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL ON THIS SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS SITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, AND WITHOUT INTERRUPTION, OR ERROR FREE.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 8 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL TAKE PRECEDENCE.
9. LIMITATION OF LIABILITY. IN ORDER TO PROVIDE YOU WITH THIS FREE SERVICE, WE ARE UNABLE TO ACCEPT LIABILITY FOR ANY CONDUCT, ACTS, OR OMISSIONS OCCURRING ON THIS SITE OR ANY LOSSES YOU MAY INCUR. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES. IN ADDITION, WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR DOWNLOADING ANY MATERIAL FROM THIS SITE OR ANY LINKED SITES.
10. Links. We provide links from this Site as a convenience to our visitors. We have no control over the content posted on these sites and make no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation, or endorsement. If you believe that we have provided a link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate the site.
11. Unsolicited E-mail, Spamming, and Spoofing. You may not use this Site to transmit unsolicited e-mail. You may not send unsolicited e-mail to this Site or to anyone whose e-mail address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return e-mail address for any communications which you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this Site.
12. Choice of Law. This Site was developed in the United States of America in accordance with and shall be governed by the laws of the State of Oregon, United States of America. Your browsing in and use of this Site shall be governed by the laws of the State of Oregon, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that the Company intends to make such products or services available in such countries. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Complete Agreement. This Agreement constitutes the entire agreement between you and us relating to your access to and use of this Site and supersedes any prior or contemporaneous representations or agreements. Any rights not otherwise expressly granted by this Agreement are reserved by us.
14. Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.
Notices. Any notices or communications required under this Agreement can be directed to the Company at info@benchmarkinfotechs.com.