These Terms govern your access to and use of the products and services we provide through or for https://benchinvestor.com (“Services”).
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy) so you can make informed choices in response. We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create a benchinvestor.com account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested, you can opt out of the marketing communications. You’re fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
a. https://benchinvestor.com enables you track all of your portfolios performance, both individually and in aggregate, gaining deep insight into their metrics and we would love for you to use it. bench investor’s basic service is currently free while we determine whether there is a market for the product.
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified if bench investor posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. You can stop using our Services at any time.
Our Services are provided “as is.” bench investor hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. bench investor does not make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of British Columbia, Canada, excluding its conflict of law provisions. The proper venue and method for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be Arbitration in Vancouver, British Columbia. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
In no event will bench investor, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to bench investor under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. bench investor shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless bench investor, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between bench investor and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. bench investor may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.