1. Acceptance and eligibility
By accessing this website, you agree to these terms. If you use it for an organization, you confirm that you are authorized to bind that organization. Stop using the website if you do not agree.
2. Services and proposals
Website descriptions are general and do not constitute a binding offer. Scope, deliverables, dependencies, timetable, acceptance criteria and service levels are defined in signed client documents. If these terms conflict with a signed agreement, the signed agreement controls for that engagement.
3. Fees and payment
Fees, taxes, expenses, invoice timing and payment deadlines are stated in the applicable proposal or agreement. Overdue undisputed amounts may accrue lawful interest. Benchmark Retail may suspend affected services after reasonable notice where payment remains overdue.
4. Intellectual property
Benchmark Retail and its licensors retain rights in the website, methods, tools, pre-existing materials and general know-how. Ownership and licensing of client-specific deliverables are defined in the applicable agreement. No rights are granted except as expressly stated.
5. Acceptable use
You must not misuse the website, attempt unauthorized access, introduce malicious code, interfere with operation, scrape content unlawfully, infringe rights or use content to misrepresent a relationship with Benchmark Retail.
6. Warranties and liability
The website is provided on an “as available” basis. To the fullest extent permitted by law, implied warranties are excluded. Benchmark Retail is not liable for indirect, incidental, special, punitive or consequential loss, or lost profit, revenue, data or opportunity arising from website use. Liability for professional services is governed by the applicable signed agreement. Nothing excludes liability that cannot lawfully be excluded.
7. Indemnification
To the extent permitted by law, you will indemnify Benchmark Retail against third-party claims arising from your unlawful use of the website, infringement of rights, or material breach of these terms.
8. Termination and changes
We may restrict website access for misuse, security reasons or legal requirements. Provisions intended to survive will do so. We may amend these terms prospectively by posting an updated version.
9. Governing law and disputes
The governing law, courts and any required dispute process must be completed with Benchmark Retail’s place of incorporation before publication. Before formal proceedings, the parties should attempt good-faith resolution through written notice and discussion.