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TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement (“Agreement”) is made between Benchmark Data, Inc. (“Benchmark Data”) and the users (“Users” or “you”) of the Benchmark Data website at https://benchmarktm.com/ and https://benchmark.page/ (the “Site”). This Agreement governs the use of the Site and the services offered by Benchmark Data.
Acceptance of Agreement


    1. By accessing or using the Site, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you may not use the Site or the services offered by Benchmark Data.
    2. Privacy.  At Benchmark Data, Inc, we take your privacy very seriously. We are committed to protecting your data and ensuring that it is only used for the purposes of providing you with our services. When you sign up for our service, you agree that we have the right to access all information provided by you or your data partners for the purposes of providing you with our services. We do not share or sell your data to any third parties. Your data is only used for the purposes of providing you with insights to improve your business, measuring vendor metrics and spending better. Your data may be used in shared reports and/or case studies between Benchmark Data, Inc and your data partner, but at no time will your data be directly identified or used without your expressed written consent. In the event that you cancel your account, we will store and archive all data associated with your account for possible future use by you or reporting by our company. We will maintain and store necessary bookkeeping materials such as payment history, subscription history, payment processing data, user account contact information, and other such necessary data in order to preserve a sound financial record of our service’s history. We will grant data partner access to your account on a limited basis, only to verify the validity of data stored in the service about that data partner. Access for the data partner to your account will be limited only to the data which that partner provided. You may request full disclosure and a report on all actions, data, metrics, logins, access points, and modifications made to your account once a year. If you have any questions about our privacy policy or how we handle your data, please do not hesitate to contact us at support@benchmarktm.com.
    3. Changes to Agreement.  Benchmark Data reserves the right to modify this Agreement at any time without notice. Your continued use of the Site following any such modification constitutes your agreement to be bound by the terms and conditions of the Agreement as modified.
    4. Use of Site.  The Site is intended for use by Users who are 18 years of age or older. By using the Site, you represent that you are 18 years of age or older.
    5. User Account.  To use certain services offered by Benchmark Data, you may be required to create a user account. You agree to provide accurate and complete information when creating your account, and to update your account information as necessary. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
    6. Intellectual Property.  The content on the Site, including but not limited to text, graphics, logos, images, and software, is the property of Benchmark Data or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use the Site or the content on the Site for any purpose other than as expressly authorized by Benchmark Data.
    7. Prohibited Conduct.  You may not use the Site or the services offered by Benchmark Data for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Site. You may not attempt to gain unauthorized access to the Site or to Benchmark Data’s systems or networks. You may not interfere with any other User’s use of the Site or the services offered by Benchmark Data.
    8. Disclaimer of Warranties.  THE SITE AND THE SERVICES OFFERED BY BENCHMARK DATA ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENCHMARK DATA DOES NOT WARRANT THAT THE SITE OR THE SERVICES OFFERED BY BENCHMARK DATA WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
    9. Limitation of Liability.  IN NO EVENT SHALL BENCHMARK DATA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR LOSS OF USE, ARISING FROM YOUR USE OF THE SITE OR THE SERVICES OFFERED BY BENCHMARK DATA, EVEN IF BENCHMARK DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    10. Indemnification.  You agree to indemnify and hold harmless Benchmark Data and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site or the services offered by Benchmark Data.
    11. Termination.  Benchmark Data may terminate your access to the Site or the services offered by Benchmark Data at any time, with or without cause, without notice. Upon termination, you must immediately cease all use of the Site and the services offered by Benchmark Data.
    12. Governing Law and Venue.  This Agreement shall be governed by and Changes to Terms of Service. Benchmark Data, Inc. reserves the right to modify or update these terms of service at any time without prior notice. Users will be notified of any changes to the terms of service via email and/or by a notice posted on the website. Continued use of the website and/or services provided by Benchmark Data, Inc. after such modifications shall constitute acceptance of any new terms.
    13. Dispute Resolution.  Any disputes or claims arising out of or relating to these terms of service or the use of the website or services provided by Benchmark Data, Inc. shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The place of arbitration shall be San Francisco, California, and the language of the arbitration shall be English.
    14. Entire Agreement.  These terms of service, along with any additional agreements or policies incorporated herein by reference, constitute the entire agreement between the user and Benchmark Data, Inc. with respect to the use of the website and services provided by Benchmark Data, Inc., and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the user and Benchmark Data, Inc.
    15. Waiver and Severability. The failure of Benchmark Data, Inc. to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision. If any provision of these terms of service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of service shall remain in full force and effect.
    16. Contact Information. If you have any questions about these terms of service or the services provided by Benchmark Data, Inc., please contact us at support@benchmarktm.com.
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  2. By using the website or services provided by Benchmark Data, Inc., you acknowledge that you have read, understood, and agree to be bound by these terms of service and any additional agreements or policies incorporated herein by reference. If you do not agree to these terms, you should not use the website or services provided by Benchmark Data, Inc.