Bench-mark.ca Terms & Conditions
Welcome to Bench-mark.ca website
The Site, as well as the websites of our affiliates and subsidiaries, are currently being provided free-of-charge to you. The terms "you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s). The terms "Bench-mark.ca", "we", "us", and "our" refer to Bench-mark.ca, Inc., and its affiliates, and subsidiaries. We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as we see fit. If you violate the terms of this Agreement you will have your access canceled and you may be permanently banned from using the Site and any interactive services. You should check these terms and conditions periodically. By using the Site after we post changes to these Terms and Conditions, you agree to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
Please review our Privacy and Security Policy, which also governs your visit to the Site, to understand our practices.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Canadian copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part without obtaining permission of the owner of the copyright or other propriety right.
Intellectual Property Infringement
Bench-mark.ca relies upon a network of independent Associates and vendors who supply some of the goods advertised on the site and, in some cases, drop ship them directly to our customers. Bench-mark.ca is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by its Associates. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site.
Bench-mark.ca; and other marks indicated on the Site are registered trademarks or registered service marks of Bench-mark.ca. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bench-mark.ca. Bench-mark.ca's trademarks and trade dress may not be used in connection with any product or service that is not Bench-mark.ca's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bench-mark.ca. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bench-mark.ca.
You may not download (other than page caching) or modify the Site or any portion of it, without our expressed written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our expressed written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bench-mark.ca or its affiliates without our expressed written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our expressed written consent.
The Canadian export control laws regulate the export and re-export of technology originating in the Canada. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Risk of loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
We are not responsible for the content of any sites that may be linked to or from www.Bench-mark.ca, or any bulletin board associated with Bench-mark.ca. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site are independent from Bench-mark.ca, and Bench-mark.ca has no control over the content of that other website. In addition, a link to any other web site does not imply that Bench-mark.ca endorses or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Bench-mark.ca of that third party or of any product or service provided by a third party.
Disclaimers and limitations of liability
Under no circumstances shall Bench-mark.ca or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Bench-mark.ca records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of Bench-mark.ca has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted).
Although we take steps to ensure the accuracy and completeness of product and third-party services that are posted on the Site, please refer to the manufacturer or Associates for details.
Termination of usage
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, Associates, or Bench-mark.ca. In addition, we reserve the right to refuse an order from any customer at our sole discretion.
By visiting the Site, you agree that the laws of the Province of Alberta, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Bench-mark.ca or its affiliates and subsidiaries.
Site policies, modification and severability
Please review our other policies, such as our Privacy and Security Policy, posted on the Site. These policies also govern your visit to Bench-mark.ca. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.