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Terms of Service

Last Update: January 14, 2020

 

The following Terms of Use (“Terms”) governs the relationship between you and BenchMade Modern, LLC. and governs your use of https://benchmademodern.com/ Website (as defined herein) (a “Site”). The Site is owned and operated by BenchMade Modern on behalf of itself (as defined herein, “BenchMade Modern,” “We” or “Us”). These Terms do not affect your statutory rights. By accessing, using, or registering for a Site, you agree to be bound by these Terms and govern all transactions via the Site or over a telephone. If you are unwilling to be bound by these Terms, you should not access, use, or register for a Site.  Please also consult our Privacy Policy for a description of our privacy practices and policies and our Store Terms of Use for additional terms governing your transactions, each of which (Privacy Policy and the Store Terms of Use) are expressly incorporated herein. We also recommend that you print and retain a copy of these Terms for future reference.

 

Governing Law

Our website is governed and operated in accordance with the laws of the United States and is intended for the use of residents of the United States.

 

Contact Information

Address

BenchMade Modern, LLC.
4501 Mountain Creek Pkwy, Dallas, TX 75236

Customer Service

Email: info@benchmademodern.com 

Subject: "Contact Us Form: Customer Service"

Phone: 415-930-4400

Personal Data Management Contact

Email: info@benchmademodern.com 

Subject: "Contact Us Form: Personal Data Management"

For issues regarding the Site, you may contact us by using this link.

 

Changes

We reserve the right to modify these Terms at any time without notice to you, including imposing a fee to access certain materials contained on the Site. Any change in these Terms are effective immediately upon posting. Accordingly, BenchMade Modern recommends that you read these Terms carefully each time you visit the Site. Any use of the Site after changes have been made shall be deemed acceptance of those changed Terms.

 

Access

You acknowledge and agree that the Site, including the accessibility, hours of use, and any and all features and content available via the Site and any User Content (as defined below), may be modified by Us, in Our sole discretion, at any time without prior notice. We may restrict access to any or all portions of the Site or remove any information or content from the Site at any time. All such modifications are subject to these Terms.

 

Prohibited Behavior

You may not, and your use of the Site may not:

  • violate any applicable local, state, national, or international statute, regulation, or law;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
  • share your account with anyone else, including giving your password to another person;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site;
  • modify the information found on the Site;
  • use the Site for commercial purposes; or
  • upload, post, use, or otherwise make available any content that: 
    • is false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
    • is subject to any disclosure restrictions;
    • infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
    • is unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
    • contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment.

     

    User Content

    You acknowledge and agree that you are solely responsible for any content, including any comments, feedback, notes, messages, ideas, suggestions, or other communications that you upload, post, use, or otherwise make available on the Site or send to Us via the Site or in connection with the Site (“User Content”). By posting or submitting User Content you grant an irrevocable, world-wide, non-exclusive license to BenchMade Modern to the User Content to allow BenchMade Modern to use, reproduce, disclose, publish, distribute, and otherwise fully exploit such User Content for any purpose whatsoever, without restriction and without compensating you in any way. Accordingly, do not send any confidential information or any original creative materials. By posting or submitting User Content, you represent and warrant that (a) the User Content is non-confidential; (b) you have all necessary rights to post the User Content and you can and do grant to Us the rights in accordance with these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; (d) you will clearly state any conflict of interest or relationship that might influence your views such as whether you are being compensated in any way (whether in kind, monetary, free product samples, or otherwise), or an employee of BenchMade Modern or any product supplier or vendor; and (e) the User Content, and your use and posting thereof in connection with the Site, does not and will not violate these Terms or any applicable local, state, national, or international statute, regulation, or law. Although BenchMade Modern has no obligation to screen, edit, or monitor any of the User Content or user conduct on the Site, We reserve the right in Our sole discretion, to remove, screen, or edit and take appropriate action, including legal action against you with respect to any User Content and to monitor any user conduct on the Site at any time and for any reason without notice.

     

    Authorized Use

    All content, information, data, and other material contained on the Site, including without limitation, all trademarks, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and all original content, are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by Us and which are protected under the laws of the State of Texas, the United States, foreign jurisdictions, and/or international treaties. The Site, its content, and all related rights remain our exclusive property or the property of the licensors of such content unless otherwise expressly agreed in writing. We grant you a limited right to use the content on the Site as follows (“Authorized Use”):

    • You may reproduce the Site content solely for your personal, noncommercial, educational, and informational use, and only if you keep such reproduced content intact with proper attribution and display of the copyright notice;
    • Architects and designers may download and use the photo gallery portion of the Site in connection with bids or requests for proposals for the sale by Us and Our authorized dealers of Our furniture and products to customers;
    • Internal training and for seminars.

      In connection with your Authorized Use, you may download or print content, provided you do not, without Our express written consent, modify or delete any of the information, including any proprietary notices. Except as otherwise set forth herein or subject to Our written consent, no other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sell, transmit, upload, download, store, display in public, alter, or modify any of the content. In addition, you may not transfer any content to another person, "frame" or "in-line link" the content, "deep link" to any content within the Site, or "mirror" the Site or content therein on any other server. Except as expressly set forth herein, use of the Site does not constitute a grant of any license or other right to use or exploit any of these proprietary rights.

      Media should contact Corporate Communications at tara@benchmademodern.com for permission to use the copyrighted information.

       

      Disclaimer and Limitation of Liability

      Although We have attempted to provide accurate information on the Site, We are not responsible for and make no guarantee or warranty, expressed or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assume no responsibility for any typographical errors or omissions therein, including with respect to availability, content, pricing, or product images. We do not represent or warrant that the Site or content contained there is appropriate for or applicable to use outside of the applicable territory in which is offered or made available. YOUR USE OF THE SITE IS AT YOUR OWN RISK. EXCEPT WITH RESPECT TO BENCHMADE MODERN’S WARRANTY FOR PRODUCTS PURCHASED IN ACCORDANCE WITH THE STORE TERMS, YOUR ACCESS TO THE SITE, ANY CONTENT CONTAINED WITHIN, AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,  INCLUDING WITHOUT ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, WHICH ARE SPECIFICALLY DISCLAIMED. WE, OUR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, AND SERVICE PARTNERS SHALL NOT BE LIABLE FOR ANY LOSS RESULTING FROM OR ARISING OUT OF ANY USE, INABILITY TO USE OR UNAVAILABILITY OF THE SITE OR ANY INFORMATION OR CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BENCHMADE MODERN DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT ARE FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL OR MALICIOUS ELEMENTS.

       

      Third-Party Content

      This Site may contain third-party content and links to other websites, and third-party websites may link to the Site (collectively, “Third Party Content”). We do not review or monitor nor are responsible for such Third Party Content. Any mention on the Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Us or create a relationship with Us. We disclaim any liability with respect to your use of any such Third Party Content, and you release Us from any liability related to your use of any Third Party Content. Third Party Content may be subject to different and additional terms and conditions, privacy, and other terms. Any dealings among you and any third parties are solely between you and such third parties.

       

      Product Information

      Certain products displayed on the Site are available while supplies last, and We cannot guarantee that any product displayed on the Site is available at the time it is displayed. In some cases, products may not be available at particular stores or in particular locations.

       

      Indemnification

      You agree to defend, indemnify, and otherwise hold Us and our successors and assigns, our officers, directors, agents, employees, assigns, third-party content providers, and service partners, harmless from and against any causes of action, including any claims, demands, losses, fees, expenses (including legal fees and expenses), costs, liabilities, and damages related to or arising out of your use of the Site.

       

      Security

      You are prohibited from violating or attempting to violate the security of the Site. We will investigate occurrences of possible violations and will cooperate with all applicable law-enforcement authorities in prosecuting violators. You are required to enter a user name and password to access secured extranets. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site.

      • You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to:
      • Gaining unauthorized access to any portion, feature, or services offered by or through the Site, or any related systems, servers, or networks connected to the Site by hacking, password "mining", or any other unauthorized means;
      • Scanning or testing the vulnerability of the Site or a system, server, or network connected to the Site;
      • Breaching the security or authentication measures on the Site or any network connected to the Site;
      • Performing reverse look-ups or tracing any information, personal or otherwise, of Us, any other User, User's account, the Site or otherwise exploit any service or information made available by or through the Site. You may obtain your own personal information obtained by Us according to Our Privacy Policy.
      • Taking any action that unreasonably or disproportionately burdens the Site’s infrastructure, related systems, servers, or networks; or
      • Using any device, software, or other method to interfere or attempt to interfere with the normal performance, transactions conducted, or with any other person's use of the Site.

         

        Termination

        We may terminate your access to the Site or cancel or suspend your account at any time if you breach or encourage others to breach these Terms in any way or engage in conduct that We deem inappropriate. Upon such termination or suspension, any Authorized Use granted herein terminates automatically without notice to you.

         

        Copyright Enforcement

        We honor the intellectual property rights of others and ask the same of you. We may, in Our sole discretion, terminate your account or access rights if your actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide Us with the following information:

        • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
        • Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
        • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Us to identify the material;
        • Information that is reasonably sufficient to permit Us to contact the complaining party, such as address, telephone number and, if available, e-mail address;
        • A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
        • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

          We can be contacted at the above address under the Contact Information section.

           

          Miscellaneous

          These Terms constitute the entire agreement between Us and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between Us and you dealing with the subject matter hereof is superseded. If any portion of these Terms are found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon your breach of these Terms, We may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. Our failure to exercise any remedy or enforce any portion of these Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms at any time thereafter. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. We make no representation that the content of the Site is appropriate or available for use in all locations. You are responsible for compliance with all applicable local laws. Any dispute arising out of these Terms shall be governed by the laws of the State of Texas, U.S.A., notwithstanding any conflicts of law principles. Any action relating to these Terms must be filed and maintained in a state or federal court located in the State of Texas, U.S.A., and you consent to exclusive jurisdiction and venue in such courts for such purpose.