Benchmark Connections
You should carefully read the following Terms and Conditions. Your purchase or use of our products or services implies that you have read and accepted these Terms and Conditions.
These Terms of Service (the “Terms” or this “Agreement”) govern your access to and use of the Benchmark Connections website and all content, services, and products available at or through the website (collectively, the “Website”). Benchmark Connections is a service of NER Online Enterprises LLC, an Oklahoma limited liability company doing business as Benchmark Connections (“NER,” “Benchmark Connections,” “we,” “us,” or “our”).
Some of our basic services are free to those that opt in by accessing them through Benchmark Connections or affiliated websites and services. We also offer paid and/or upgraded services for advanced features such as your own site, blog, hosting, or online classroom. Our service is designed to give you as much control and ownership over what is associated with your user profile or goes on your site as possible, and encourages you to express yourself freely. However, each organization and individual must be responsible for the content they create or publish by making sure that none of the prohibited items listed below appear on, or are linked to or from, their site or blog (such as spam, viruses, or hate content).
The Website is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies (including, without limitation, the Benchmark Connections Privacy Policy described below). Please read this Agreement carefully before accessing or using the Website, because you fully accept and become bound by the terms and conditions of this Agreement when you access or use any part of the Website. If you do not agree to all of the terms and conditions of this Agreement, then you may not access the Website or use any of its services. If these terms and conditions are considered an offer by NER, acceptance is expressly limited to these terms. The Website, accounts, and services are only available to individuals who are at least 18 years old.
You do not claim any intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products and information generated by or through Benchmark Connections products or services are the property of NER Online Enterprises LLC. Our products and services are provided “as is” and “as available,” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
If you create any content on the Benchmark Connections site, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Benchmark Connections may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause NER liability. You must immediately notify Benchmark Connections of any unauthorized uses of your site, your account, or any other breaches of security. NER will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you access Benchmark Connections web services by operating a website, commenting on a website, posting material to a website, posting links on a website, or otherwise making (or allowing any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to Benchmark Connections for inclusion with your profile or any Benchmark Connections website or web services, you grant NER a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content for the purpose of displaying, distributing, and promoting Benchmark Connections services and our affiliate and contributing member initiatives.
Without limiting any of those representations or warranties, NER has the right (though not the obligation) to, in NER’s sole discretion, (i) refuse or remove any Content that, in NER’s reasonable opinion, violates any NER policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in NER’s sole discretion. NER will have no obligation to provide a refund of any amounts previously paid.
Optional paid services such as memberships, subscriptions, domain purchases, and hosting are available. By selecting an optional service, you agree to pay NER the one-time, initial setup, monthly, or annual fees indicated for that service. Payments will be charged on the day you sign up for an optional service and will cover the use of that service for the one-time, monthly, or annual period indicated.
Unless otherwise stated in writing or required by applicable law, fees for optional services — including one-time setup fees, monthly fees, and annual fees — are non-refundable once the applicable service period has begun. Nothing in this section limits any rights you may have under applicable consumer-protection law or under the dispute-resolution procedures of your payment provider. You are responsible for all charges incurred under your account and for keeping your billing information current.
NER has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use, or effects. By operating the Website and associated services, NER does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful, or non-harmful.
You are responsible for taking the precautions necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical errors, and other mistakes. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, whether stated or unstated. NER disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted there.
You agree to indemnify, defend, and hold harmless NER Online Enterprises LLC d/b/a Benchmark Connections, and its members, officers, employees, contractors, and agents, from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the Website or services; (b) your Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party. NER reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with NER’s defense of that claim.
To the maximum extent permitted by applicable law, in no event shall NER Online Enterprises LLC, or its members, officers, employees, contractors, or agents, be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages — including, without limitation, damages for loss of profits, data, goodwill, or other intangible losses — arising out of or relating to your access to or use of (or inability to access or use) the Website or services, even if NER has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the total aggregate liability of NER for all claims arising out of or relating to these Terms or the services shall not exceed the total amount you paid to NER for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the liability. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
Your use of the Website and services is also governed by the Benchmark Connections Privacy Policy, which describes how NER Online Enterprises LLC collects, uses, and protects your information. The Privacy Policy is incorporated into these Terms by reference. You can review the current Privacy Policy at benchmark-connections.com/organization/policy/privacy-bc.html.
These Terms, and any dispute arising out of or relating to these Terms or the services, shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict-of-laws principles. You agree that any action at law or in equity arising out of or relating to these Terms or the services shall be brought exclusively in the courts of the State of Oklahoma (or the federal courts located in Oklahoma), and you consent to the personal jurisdiction of, and venue in, those courts.
NER Online Enterprises LLC reserves the right to update or modify these Terms at any time. The updated Terms will be effective as of the “Effective Date / Last Updated” shown at the top of this document, or as otherwise indicated. Your continued access to or use of the Website or services after any such change constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.
If you have any questions about these Terms, you may contact us at:
NER Online Enterprises LLC d/b/a Benchmark Connections
2373 Mountain Dr.
Bartlesville, OK 74003