The capitalized terms used in these Regulations have the following meanings:
- BenchK LLC – 1013 Ohio Ave, Palm Harbor, FL. US 34683, L22000190058.
- Business Day – Monday to Friday, excluding public holidays;
- Client – a natural person with full legal capacity, and in cases provided for by the generally applicable law, also a natural person with limited legal capacity or a legal person or an organizational unit without legal personality, which the law grants to legal capacity; the Consumer should also be understood by the Consumer, unless otherwise explicitly stated in these Regulations;
- Consumer – a natural person performing activities for purposes not directly related to its business or professional activity, including a Sales Agreement for purposes other than directly related to business or professional activity;
- Account – a set of information available on the Website regarding a given Client, Orders placed by him and Agreements concluded by him; using the Account, the Customer may place Orders, conclude Agreements, including Sales Agreements, post comments; the Account is assigned a login (username or e-mail address) and a password;
- Product – a movable property presented on the Website, which may be the subject of Sales Agreement between the Customer and BenchK;
- Regulations – Website’s Terms of Service
- Website – an internet service available at: www.benchk.us,run by Benchk, through which Benchmark enables the use of the Services, in particular placing an Order and concluding Agreements;
- Agreement – Agreement on the Provision of Services and / or Sales Agreement concluded through the Service;
- Agreement on the Provision of Services – an agreement on the provision of Services concluded between BenchK and the Customer vithe Website;
- Sales Agreement – a sales agreement within the meaning of the Act of April 23rd, 1964. Civil Code (i.e. Journal of Laws of 2018, item 1025, as amended) concluded through the Website between BenchK and the Customer, the subject of which is a specific Product chosen by the Customer;
- Service / Services – a service (services) provided by BenchK to the Customer electronically (within the meaning of the Act of 18th of July 2002 on the provision of electronic services) via the Website defined (specified) in § 2 passage 3 of the Regulations
- Order – a message sent by the Customer via the Website that specifies the Customer’s will to conclude Sales Agreement concerning Products.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that
a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or
c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that you are well enough for physical activities. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site of products that are not manufactured by Rogue are that of the vendor and are not made by us.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to BenchK, or its affiliates, or is being used by BenchK under license. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to BenchK or its affiliates. All software used on this Site (the “Software”) is the property of BenchK, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. BenchK LLC, and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of BenchK LLC, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
RISK OF LOSS; USE OF ACCOUNT
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. If you use a BenchK account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. BenchK does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BenchK services only with involvement of a parent or guardian. BenchK reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TERMINATION & EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement located at the bottom of this page.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This site is created and controlled by us in the State of Florida, USA. As such, the laws of the State of Florida will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Files to download:
Withdrawal from the contract