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Terms of Service
THIS AGREEMENT is made and entered between Benchmark Assessments, LLC, hereinafter
referred to as BMA and the Customer, who wishes to use the services of BMA.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants
hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a provider of assessment services BMA provides confidential
assessment services to those parties that voluntarily subscribe to BMA’s assessment
service.
2. CONDITIONS: Registration to BMA’s assessment service constitutes a binding contract
between BMA and the Customer and does not extend to any other person or entity.
Cancellations or charge backs after the payment is received will still hold the Customer responsible. Information provided in all BMA web content, assessments,
development plans, or other intellectual property or proprietary data is the sole
property of BMA.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges
that BMA makes absolutely no warranties whatsoever express or implied. As a result,
the Customer agrees that credit card charge backs or refunds are not allowed. Additionally,
BMA shall not be liable to the Customer for any claims
or damages which may be suffered by the Customer, including, but not limited to,
losses or damages resulting from assessment data.
Customer agrees that BMA is not liable to pay or refund the customer any
fees, damages or payments. BMA will
not be responsible or held liable for any monetary damages for any problems or loss
of revenue including claims of 'omissions and errors', loss of data, or respondent
data that may result from customer using BMA’s assessment services.
4. INFORMATION: The utilization of any data or information received by the Customer
from the utilization of the service to be provided by BMA is at the Customer's sole
and absolute risk. BMA specifically disclaims and denies any responsibility for
the completeness, accuracy or quality of information obtained through the services
to be provided hereby. The Customer acknowledges that information will be provided
to third parties for the purpose of processing orders and/or fees only.
5. PAYMENT: Payment of BMA assessment services is provided by secure network and
information used to process payment is only provided to third party for the sole
purpose of processing payment.
6. UNILATERAL SERVICE REVOCATION: In the event that BMA may at any time believe
that the service is being utilized for unlawful purposes by the Customer or in contravention
with the terms and provisions herewith, BMA may immediately discontinue such service
to the Customer without liability or damages. NO REFUNDS will be Due the Customer.
7. INDEMNIFICATION: The Customer shall indemnify and hold harmless BMA from any
and all loss, cost, expense, and damages on account of any and all manner of claims,
demands, actions, and proceedings that may be initiated against BMA on the grounds
that the assessment violates proprietary right of any person, state and federal
regulations, or contains any matter that is libelous or scandalous. Furthermore
this agreement frees BMA and holds BMA harmless for any and all 'errors and omissions'
claims regarding any assessments conducted by BMA.
8. CHANGES IN TERMS OF AGREEMENT: BMA reserves the right to make changes to the
terms and conditions of this Agreement upon thirty (30) days notice to the Customer
(notice considered to be given when published on this page, advising of the change
and the effective date thereof. Utilization of the service by the Customer following
the effective date of such change shall constitute acceptance by the Customer of
such change(s).
9. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for assessments
constitute the entire agreement between the parties, and represent the complete
and entire understanding of the parties with respect to the subject matter of this
Agreement.
10. GOVERNING LAW: This Agreement shall be governed by the laws of the State of
Colorado in the United States of America. In the event that any term or provision
of this instrument is held by a court of competent jurisdiction to be unenforceable,
then the remaining provisions of this instrument and the agreement which it evidences
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and
in consideration of the covenants and agreements contained herein, do hereby execute
this instrument, with each party warranting their ability to enter into this agreement
for the person or entity herein named as a party hereto. |
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