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Terms & Conditions


These terms and conditions should be read carefully upon visiting BenchmarkArizona.com (the "site") and using the site. Please return to this page from time to time, as BenchmarkArizona.com reserves the right to modify the terms and provisions set forth herein. All Users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable laws.

BenchmarkArizona.com provides information and products related to various manufacturers. The information provided by BenchmarkArizona.com is believed to be accurate, however, BenchmarkArizona.com expressly disclaims any representation or warranty, express or implied, concerning the accuracy or completeness of any information contained, or products or services provided herein. If you do not agree to these terms and conditions, please do not use this site.

Your use of BenchmarkArizona.com web site means you accept the terms that are described herein at the time of use. BenchmarkArizona.com provides information and products related to various manufacturers. The information provided by BenchmarkArizona.com is believed to be accurate. However, BenchmarkArizona.com, expressly disclaims any representation or warranty, express or implied, concerning the accuracy or completeness of any information contained, or products or services provided herein. We advise that persons accessing information on our site have the sole responsibility for how this information is used and understand and agree that BenchmarkArizona.com is not responsible or liable for any claim arising from the use of the information.

Your use of this site shall be governed in all respects by the laws of the state of Arizona, USA, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of BenchmarkArizona.com products) shall be in the state or federal courts located in Maricopa County, Arizona. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of BenchmarkArizona.com products) must be commenced within one (1) year after the claim or cause of action arises. BenchmarkArizona.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. BenchmarkArizona.com can assign its rights and duties under this Agreement to any party at any time without notice to you.

Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a BenchmarkArizona.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

BenchmarkArizona.com may contain or facilitate access to products and/or services which are subject to United States export controls and which may not be accessed or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country upon which the United States has imposed an embargo; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders ("Embargoed Countries"). You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country, or on any such list.

Links 

BenchmarkArizona.com may contain links to other web sites, including links to manufacturers, government agencies, associations or affiliate web sites. BenchmarkArizona.com has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its owner's products or services.

Indemnification

You agree to indemnify, defend, and hold harmless BenchmarkArizona.com its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
 

Access

BenchmarkArizona.com is an Internet-based medium. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access BenchmarkArizona.com. If you have a question about whether an access number you are using to access the Internet is a long distance or toll call from your location, you should contact your local telephone company. BenchmarkArizona.com is not responsible for any access charges you may incur in accessing the Internet to visit or use our Site. Our site is usually available at all times, 24 hours a day, 7 days a week, but BenchmarkArizona.com reserves the right to make the site unavailable from time to time for any reason, including scheduled and unscheduled maintenance. BenchmarkArizona.com is not liable for any damages arising from any interruption, suspension or termination of the site, or from your inability to access the site.

Notice

BenchmarkArizona.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to BenchmarkArizona.com.

Payment of Fees and Charges

Each Client / User is responsible for, and agrees to pay promptly, all fees and all charges to their account, including applicable taxes and any charges generated by anyone allowed by the User to use its account, including family members or friends or business associates and employees. Failure to pay any fees or charges when due (including failures caused by a returned check or a rejected electronic payment) authorizes BenchmarkArizona.com to suspend or terminate that User's ability to use BenchmarkArizona.com to purchase products from us or our affiliated dealerships. Each User is responsible and liable for any fees, including attorneys' fees and collection costs, that an affiliate or BenchmarkArizona.com may incur in efforts to collect any unpaid balances from that User. If payment is returned to an affiliate or BenchmarkArizona.com for any reason, including chargeback by Credit Card companies. BenchmarkArizona.com reserves the right to suspend or terminate that User's use of the site. BenchmarkArizona.com may at any time change the amount of, or basis for determining, any fees or charges for the products or services of an affiliate or BenchmarkArizona.com, and for instituting new fees or charges.

Errors

In the event that a BenchmarkArizona.com product is mistakenly listed at an incorrect price, BenchmarkArizona.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. BenchmarkArizona.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, BenchmarkArizona.com shall issue a credit to your credit card account in the amount of the incorrect price.
 

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by BenchmarkArizona.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. If you do not agree with all of these terms or provisions, do not visit or use the site. Visiting and using the site is expressly conditioned upon the User's consent to all the terms and provisions set forth herein.

Liability

In no event will BenchmarkArizona.com be liable for any direct, indirect, incidental consequential, special or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data, or other intangible loss. Even if BenchmarkArizona.com has been advised of the possibility of such damages resulting from 1, The use of or inability to use the site. 2, The cost of procurement of substitute goods or services resulting from any goods, data, information, or service purchase obtained or sought to be purchased from Benchmark Arizona.com. 3, Unauthorized use of your data or contact of any third party on the site. 4, Any other matter relating to the site or service by BenchmarkArizona.com. BenchmarkArizona.com shall not be liable for any failure to perform under the terms of use and conditions where such failure, results from any cause beyond its control.

All materials on BenchmarkArizona.com created or provided by BenchmarkArizona.com, including text, graphics, logos, icons, and images, are the property of BenchmarkArizona.com or its content providers, and are protected by United States and international intellectual property laws. You may download, view, copy, and print the materials on this site for personal use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Unauthorized use of any material on BenchmarkArizona.com may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted herein are reserved.
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