OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by Company. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Company, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
It is our goal to provide increased value to visitors to our Website. Therefore, our Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Company and that Company has no control over the content of such websites. Consequently, Company cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
USER CODE OF CONDUCT
As a condition of your continued access to and use of our Website, you agree to abide by all applicable federal, provincial, state, territorial, local and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
1) upload, post, comment, e-mail or otherwise transmit any statements or material that:
- a) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
- b) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party;
- c) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;
- d) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
- e) otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction.
2) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users;
3) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;
4) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
5) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and
6) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
DISCLAIMER / LIMITATION OF LIABILITY
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur and we cannot guarantee it is accurate and complete at all times.
ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, INCLUDING THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.
CHANGES AND TERMINATION
The logos and marks containing “Benchmark Botanics”, “Benchmark” and “Benchmark Botanics, Inc.” are trade-marks of Company. Other marks, graphics, typefaces, trade-marks and logos appearing on the Website are also trade-marks or trade dress of Company. All other trade-marks appearing on the Website are property of their respective owners. Our trade-marks and trade dress may not be used in any manner for any purpose without our express written consent.
APPLICABLE LAWS AND SEVERABILITY
Last Updated January, 2019