TERMS OF AGREEMENT
As a user of these sites you agree to the following terms and conditions of use: This site, and all related sites maintained by Benchmarking Network, Inc. (the "Sites") are owned and operated by Benchmarking Network, Inc. ("TBN"). By accessing and using these Sites, you accept the following terms and conditions, without limitations. You may exempt yourself from the following terms and conditions by not accessing and using the Sites, once used terms apply. The use of these Sites is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. TBN reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates. The information provided on these sites is free of charge and does not create a business or professional services relationship between you and TBN. Only a formal proposal and acceptance of terms and conditions for payment for services may create that relationship.
Links on these Sites may lead to services or sites not operated by TBN. It is to be assumed that TBN has not reviewed such third party sites linked to the Site. TBN is not responsible for the contents of or any products or services offered in such third party Sites. Such listing on these Sites does not represent an endorsement of those efforts or provide warranty with respect to such other services. Users of the services of these third party sites will have no business relationship with TBN as a result of the referral to those sites.
Likewise, lists of companies that participate in efforts headed by TBN, or a members, or are in any other way listed on the Sites, do not necessarily represent that any of the companies have a legal relationship with TBN and do not represent an endorsement of efforts by those companies, and may not be construed as warranties of performance by those companies.
All material on these Sites is protected by copyrights that are owned and controlled by TBN or by other parties that may have licensed their material ("Material") to TBN. Material from the Sites or any Web Sites owned, operated, licensed or controlled by TBN or any TBN affiliate or subsidiary and may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the written approval of TBN or the original copyright owner.
For purposes of these Terms and Conditions, the use of any such Material on any other web Sites or networked computer environment is prohibited. Reproduction of all or part of the contents in any form is prohibited.
The trademarks, logos and service marks ("Marks") displayed on the Sites are the property of TBN and other parties. Users are prohibited from using any Marks without the written permission of TBN or such third party that may own the Marks.
LIMITATION OF LIABILITY/ DISCLAIMER
These sites are provided "as-is" and your use of the Sites is done at your own risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Sites.
TBN is not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site. The Sites and everything on the Sites is provided to you "as-is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Your use of the site and its public and non-public capabilities and membership in associations may be terminated immediately and without notice from TBN, if in TBN's sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from these sites and all copies thereof, whether made under the terms of this Agreement or otherwise. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
REGISTERING FOR GROUPS AND ASSOCIATIONS
Individuals within corporations may register to join associations maintained by TBN. Membership in such associations is granted solely at the discretion of TBN and TBN reserves the right to discontinue memberships without reason and without notice. Membership in an association does not convey a specific right to use the sites or the components of the site.
MEMBERS AND CONFIDENTIALITY OF DATA
TBN maintains the names of members on a strictly confidential basis and does not resell or otherwise make available such data to third parties. In the event of disclosure of such information, TBN shall not be held liable for such disclosure regardless of reason for disclosure.
TBN networks corporations for the purpose of identifying practices, comparing performance, holding meetings, conducting conferences, administering surveys and other similar activities. As such, TBN maintains a confidential and proprietary database of contacts and measures for its activities. The databases represent a significant investment. TBN does not provide data or names of participants to third parties without specific agreements.
Any Demands/Requests for the assembly of study groups, lists, copies of names, use of lists for mailings or examination of lists will automatically trigger payments TBN in line with price lists established for those services, and will also be based on a cost per contact name. Payment to TBN is required for all list access or names provided. TBN may decline to provide those services at its discretion.
AFFILIATES. LINK EXCHANGES AND COPYCAT SITES
Parties accessing this site shall make no attempt to make it appear that TBN is in any way affiliated with the venture unless there has been a written and signed agreement executed between the firms. Link Exchanges must also be covered by a written agreement. Misrepresentation of such fact may lead to legal action and TBN may seek direct, incidental, consequential, indirect, or punitive damages relating to such activities.
Third parties shall not make a copycat site that resembles sites maintained by TBN for the purpose of diverting or harvesting or preventing legitimate contacts with the firm from reaching the ultimate intended user. Such activity may lead TBN to seek direct, incidental, consequential, indirect, or punitive damages relating to such activities.
Information and materials submitted to TBN, via any media, and in any format, expressly grants, or warrants that the owner of such material expressly grants to TBN a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material in any manner TBN chooses, worldwide, and to incorporate it in other works in any form, media, or technology know or developed. Please note that any information or material sent to TBN will be deemed NOT to be confidential, unless a separate confidentiality agreement is executed.
ERRORS AND OMISSIONS
TBN is specifically exempted from any and all claims related to any errors on this site, regardless of cause and format of presentation. Such errors may stem from but not be limited to: (1) delays in posting information, (2) information that may be out of date, (3) may contain inaccuracies, (4) may contain inconsistent data, (5) may contain estimates, (6) may contain projections and (7) unverified data, (8) may collect inappropriate data to support specific efforts, and (9) may contain links to non-operating features of sites.
You may NOT utilize this site to (1) gather information for the purpose of developing lists to market to TBN, its affiliated activities, members or clients, (2) Generating lists unsolicited emails by manual or electronic means, (3) Develop denial of service attacks by overloading site facilities, or (4) Conducting any other activities which would interfere with the normal operations of TBN or its affiliated ventures.
TBN may pursue its interests in courts to seek relief from such activities, and may seek direct, incidental, consequential, indirect, or punitive damages relating to such activities.
REMOVAL FROM DATABASES
We will honor individual requests to be removed from the databases of TBN on a timely basis. In the event of technical failure, error, oversight, other event that precludes that such removal is not accomplished on a timely basis, TBN will not be liable for damages related to such failure to remove names.
In many cases, emails may change or you may be receiving email forwarded by third parties to you for which we have no control. Your recourse will be against those people forwarding the emails, not TBN.
Users of this site may not make deceptive contact by misrepresenting the name of the user, relationship of the user to other entities or intended use of the resources provided by the site. Such deception is to be considered damaging the firm by theft of services and theft of proprietary data. TBN may seek legal remedies to recover damages against the user personally or the company that they represent in that situation.
REQUIREMENT TO REPORT TO TBN
TBN may be unaware of unlicensed or illegal use of its site. Users of these sites are required to report any actual or suspected (1) Unlicensed use of logos on third party sites, (2) Any Data or lists of participants being used without the specific permission, (3) Calls from third parties that may come into contact with lists generated by TBN, (4) Any illegal or immoral activities. Such contact may be made by contacting us via email or by telephone at 1-281-440-5044 or by fax at 281-440-6677.
TBN's offices are located wholly within, maintains this site, and provides services in Harris County, Texas, and by your use of these sites you agree that any legal action or proceeding relating to these sites shall be governed by the laws of the State of Texas. TBN maintains no facilities or legal presence outside the state of Texas. Should any legal proceeding be brought, you specifically acknowledge that TBN is free to choose the jurisdiction and applicable laws applied. Any action or proceeding arising out of or related to this Agreement shall first be brought only in the Courts of Harris County, Texas.
TBN shall be reimbursed by the entity bringing action against TBN for all legal expenses related to defending TBN and its website.