Terms of Use

Last revised:

January 5, 2015

Acknowledgement, and Acceptance of Terms of Use:

These terms of use (the “Terms of Use”) are an agreement by and between Benchmark Independent Medical Examinations Inc. (“Benchmark”, “we”, “us”, and “our”) and you (“you”). The Terms of Use sets forth the terms and conditions of use of the benchmarkime.com website (the “Website”). By accessing, viewing, downloading or otherwise using the Website or any webpage or feature of the Website you agree to be bound by the Terms of Use and any other policies or agreements made part of the Terms of Use by reference, including without limitation our Privacy Policy as well as any new, different or additional terms, conditions or policies which Benchmark may establish from time to time.

If you do not agree to the Terms of Use, then you must discontinue accessing the Website. Benchmark may modify the Terms of Use at any time, without notice and at its sole discretion. Your continued use of the Website after any modification will constitute your acknowledgement and acceptance of the Terms of Use as modified. Please consult the Terms of Use regularly.

Privacy:

You can view Benchmark’s Privacy Policy on this Website or by clicking here.

Services:

All services referred to on the Website are subject to the terms of the applicable agreement governing their use. The Website does not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.

Copyright:

Subject to the terms and conditions set forth in the Terms of Use, Benchmark grants you a non-exclusive, royalty-free, revocable, non-transferable, limited right to access, use and display the Website. You agree that you will not use the Website to: (i) misappropriate the intellectual property rights of Benchmark or its affiliates; (ii) attempt to deface, modify or manipulate the Website or employ any tactic to defeat or evade any security feature employed on the Website; (iii) misappropriate the identity of, or obtain any personal information about any other user of the Website, or any customer, vendor, service provider, or employee of Benchmark; and (iv) modify, erase or damage any information contained on the Website or any computer hardware or information storage device owned or used by Benchmark. As an additional term and condition of use of the Website, you agree not to use any process, research method or tactic to recreate or replicate the features, functions or design of the Website through reverse engineering.

Trademark:

Unless otherwise indicated, all marks displayed on the Website are subject to Benchmark’s trademark rights. All rights in the product names, company names, trade names, logos and designs of Benchmark or a third-party, whether or not appearing with the trademark symbol, belong exclusively to Benchmark or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.

Indemnity:

You agree to indemnify and hold Benchmark, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (the “Benchmark Parties”) harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Benchmark Party in connection with any claim (whether by Benchmark and/or a third party), including without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, that arises out of:

1. Your use of the Website;
2. Your connection or access to the Website;
3. Your violation of the Terms of Use; or
4. Your violation of the rights of any other person or entity.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Data and Access Disclaimer:

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using the Website.

The Website is “As-Is”:

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED “AS IS”. BENCHMARK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PARTNERS AND LICENSORS (the “Benchmark Parties“) DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS. NO WARRANTY OR CONDITION OF ANY KIND (IMPLIED, EXPRESS, OR STATUTORY) IS GIVEN IN CONNECTION WITH THE WEBSITE.

Limitation of Liability:

THE BENCHMARK PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE WEBSITE INFORMATION, OR AN ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE, EVEN SUCH BENCHMARK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OF EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, thus the above limitation may not apply to you.

Withdrawal of Access:

Benchmark reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason and without notice to you, in which case the Terms of Use will continue to apply in respect of your past access. Benchmark will not be liable for any losses, damages, expenses or inconvenience that results from Benchmark’s withdrawal of your access (whether with or without prior notice to you) and without any liability to you for doing so.

Third Party Website Disclaimer:

Please note that the Website may contain certain links which may take you to other websites. Links to other websites or other resources which are not created or controlled by Benchmark (“Linked Sites”) are intended for convenience only. Linked Sites are wholly independent from Benchmark, therefore Benchmark has no control over any products, services, materials, or other information contained in or available through these third party websites. Therefore, access to any third party websites through the Website, regardless of whether the third party website is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. Benchmark makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.

E-mail to Benchmark:

If you send Benchmark confidential information by e-mail, Benchmark will not be liable if it is lost or intercepted, altered or misused by someone else. Furthermore, do not post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or violate any law.

Beneficiaries:

The Benchmark Parties are not parties, but intended third party beneficiaries of the Terms of Use, with a right to enforce the Agreement directly against you.

Assignment:

You may not assign any rights or obligations under the Agreement and any purported assignment shall be ineffective. Benchmark may assign or delegate all of its rights and obligations under the Terms of Use without notice to you.

Governing Law:

The Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regard to the conflicts of laws principles.

General Provisions:

The failure of Benchmark to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.

*All information available in accessible formats upon request.