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Last Modified: May 18, 2021

Acceptance of the Terms of Use

These terms of use are entered into by and between You and The Bench, LLC (the “Company,” “we,” or “us“). The following terms and conditions (“Terms of Use“) govern your access to and use of https://www.thebench.us/ including any content, functionality, and services offered on or through https://www.thebench.us/ (the “Website“), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (thebench.us/privacy-policy/). If you do not want to agree to these Terms of Use or our Privacy Policy you must not access or use the Website. 

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 

The term “Services” as used in this Agreement means all interactions, and services owned, offered, or operated by Offerpad, including the content, features, data, software and information made available or gathered through the Website or any related, mobile applications, other websites, or in-person interactions relating to or with the Company.

By accessing and using our Services, you agree to the terms of this Agreement. Our Privacy Policy [link again] describes how we collect and use data and is incorporated into this Agreement. This Agreement also contains warranty and liability disclaimers.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. 

Accessing the Website; Updates 

We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company name, the term The Bench and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen or usernames associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
  • To, whether directly or indirectly contact or actively solicit any of the Company’s other users, independent contractors, customers or clients with respect to any further transactions or engagement, or utilize the Services for the purpose of circumventing the Company to hire, transact or conduct business with the Company’s other users, independent contractors, customers or clients.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Registration

If you desire to submit your profile for consideration by the Company, on behalf of the Company’s customers and clients, you will be required to register for use of the related Services. In the event the Services require registration prior to access/submission of your profile, you agree to provide accurate, current, and complete information. Some examples of information we may request for registration include your name, address, telephone number, email address, experience, independent contractor classification information, portfolio and other related personal information. We may also require you to keep such information accurate and complete by promptly updating us when the information changes. Such registration may including additional agreements with the Company and any related terms, conditions and obligations related to the Website or our Services may be incorporated herein by reference. 

You may not sell, transfer, or assign your account after registration. You alone are responsible for securing your login credentials to protect your account and information associated with your account. You are responsible for all activity caused by anyone logged into your account. You agree to notify us immediately at support@thebench.us if you suspect unauthorized use of your account or your login credentials have been compromised.

Additionally, by registering and submitting your profile, you agree that You, whether directly or indirectly, will not: (a) contact or actively solicit any of the Company’s other users, independent contractors, customers or clients with respect to any further transactions or engagement; or (b) circumvent the Company or otherwise enter into any agreement, engagement, or other like contract with the Company’s other users, independent contractors, customers or clients.

No Agency

No offering or use of Services or any term in this Agreement creates any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship, including if after registration the Company deems you qualified for consideration for customer or client project engagement. 

Warranties by User

You represent and warrant to the Company that:

  • you have the power and authority to accept and agree to this Agreement;
  • you have the right to submit information you provide to the Company and to grant related rights and licenses;
  • The Company’s exercising the rights granted by you will not cause the Company to violate any applicable laws or infringe the rights of any third party; and
  • all information provided by you is complete, accurate, and up to date when provided.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Limitation of Liability

In no event shall the Company be liable for any damages, including without limitation direct, indirect, special, incidental, consequential damages, losses, or expenses arising in connection with your use of our Services or content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or system failure in any way related to our Services or content, including but not limited to the inaccuracy of any profile information, project, reports, tools, analyses, agreements, or forms available through our Services.

You agree that neither the Company, its affiliates, its clients or customers, nor any of their respective employees or agents involved in the creation, production, and distribution of our Services, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that the Company is not liable or responsible for any defamatory, offensive, or illegal conduct of third parties.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix, and County of Maricopa, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

No Legal Advice

You should obtain services of a competent professional if you require legal, tax, or other professional assistance including the review of agreements and forms made available to you through our Services, including as may relate to your registration and submission of your profile. The Company does not offer legal, tax, or other professional services.

Severability

The provisions of this Agreement are severable. In the event any provision of this Agreement is unenforceable, then that provision is severable from this Agreement. Unenforceability of a provision of this agreement shall not affect the validity and enforceability of any remaining provisions.

Assignment

We may assign our rights or obligations under this Agreement to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement without the prior written consent of the Company.

Consent to Communications

If you provide, or have provided, a telephone number, email address, or other means of contact, to us, you expressly agree that we may contact you utilizing such information, in order to provide you with informational and service messages, including as may relate to potential consideration or engagement on a project. You represent and warrant that you are the authorized subscriber for the contact information you have provided. Please be aware that we may record or monitor telephone calls for quality assurance or training purposes.