THE AGREEMENT: The use of this website and services on this website provided by ByBench, L.L.C. (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this website ("Services").

DEFINITIONS

"Agreement" denotes these Terms of Use and the Privacy Policy and other documents provided to you by the website. "We," "us," and "our" are references to BYBENCH.COM. "User," "You," and "your" denotes the person who is accessing the website to take or avail of any service from us. User shall include the Company, partnership, sole trader, person, body corporate, or association taking services of this website. " Website" shall mean and include bybench.com and any successor Website of the Company or any of its affiliates. Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

Please read these terms of use, our privacy policy, and all applicable supplemental terms (collectively, the "Terms") carefully, as they contain terms of use that impact your rights, obligations, and remedies in connection with your use of the services and content. For example, the terms include:

• your obligation is to comply with all applicable laws and regulations.
• limitations of our liability to you; and
• a requirement that you pursue claims or seek relief against us (including monetary, injunctive, and declaratory relief) on an individual basis rather than as a participant in any class or representative action or proceeding.

Your access to and use of the services are conditioned on your acceptance of and compliance with all applicable terms. If you do not agree to these terms or our privacy policy, then please cease using the services immediately. We reserve the right to change these terms at any time (see "Changes to these terms" below.) by accessing, browsing, and/or using the services after updates to these terms have been posted, you agree to be bound by the updated terms. These terms and our privacy policy constitute a binding agreement between you and ByBench, L.L.C.

CONSEQUENCES OF NON-COMPLIANCE

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

AGE RESTRICTION

You must be at least 13 (Thirteen) years of age to use this Website or any Services contained herein. By using this website, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.

ACCURACY OF INFORMATION

Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the website, including. No specified update or refresh date applied on the website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.

ADVERTISEMENTS

During your use of the Website and Services, you may enter correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Company Privacy Policy. We view the protection of users' privacy as a very important community principle. We store and process your information on computers located at our office that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing into your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see our Company Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

LIMITED USE OF THE PLATFORM

ByBench, L.L.C. provides an online platform via the website that enables users to connect with each other and enter into various purchase and service agreements between themselves. ByBench, L.L.C. provides a neutral marketplace to facilitate these transactions. However, ByBench, L.L.C. does not offer or provide goods or services for rent or sale through the service. ByBench, L.L.C. is not and will not be a contracting party in any agreement made between Users. Any rental, lease, purchase, or service transactions entered into directly between Users shall be entered into exclusively between the Owner and Consumer and not ByBench, L.L.C. We simply provide a platform to introduce Owners and Consumers and facilitate payments for goods and services.

You understand and agree that ByBench, L.L.C. is not and will not be a party to any agreements entered into between consumers and owners. ByBench, L.L.C. has no control over, and is not liable for, the conduct of any other users of the service, or any third-party providers of related goods or services retained by users, including without limitation owners, renters, purchasers, carriers, delivery personnel, equipment manufacturers, equipment operators and any other third-party service providers retained by any users.

REGISTRATION

• To purchase Products via the platform, you will need to register as a "User" with the website. To rent or sell your Equipment to a Consumer via the service, you will need to register as an "Account" with the website. By registering as a Consumer or Owner, you give us permission to disclose the information you provide on your website to other Users, to make some or all the information you provide available on the website, disclose some or all the information you provide to third parties for verification purposes, and to obtain and use additional information about you in a similar fashion. ByBench, L.L.C. reserves the right to accept or reject Consumer or Owner websites at our sole discretion for any reason.
• If you register, you will: (a) provide accurate, current, and complete information about you as may be prompted by any signup, login, and/or registration forms made available via the service (the "Registration Data "); (b) maintain and promptly update the Registration Data, and any other information you provide to ByBench, L.L.C., in order to keep it accurate, current and complete; and (c) accept all risk of unauthorized access to the Registration Data and any other information you provide to ByBench, L.L.C. reserves the right to request proof of identification and age (for example, proof of your ability to obtain licenses to operate certain Equipment).
• The Company is under no obligation to retain a record of your account or any Registration Data or other information that you may have stored by means of your account or your use of the service. You are only authorized to create and use one account for the service and are prohibited from using alter egos or other disguised identities when using the service. You are under no obligation to use or continue to use the service and may stop using the service without notice to ByBench, L.L.C.
• We do not endorse, investigate, or verify any User, Registration Data, or User Content (as defined below) at any time. All Registration Data and details and other information relating to products and other goods or services available through the service come directly from the Owners. ByBench, L.L.C. does not assume any liability for the accuracy, completeness, and timeliness of this information. ByBench, L.L.C. gives no guarantee to the User that other Users of the Service will not use the service with the intent to defraud. The Company does not accept any liability arising because of a User registering under a false identity or providing false information. ByBench, L.L.C. recommends that all Users verify the identity of their contracting partners and other information relating to Equipment and goods and services prior to the exchange of goods or services. Any assistance provided by ByBench, L.L.C. shall not constitute an endorsement, certification, or guarantee by ByBench, L.L.C. about any User, including the User's identity and whether the User is trustworthy, safe, or suitable.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

USER LICENSE

• Subject to the terms, conditions, and limitations set forth in these Terms and Conditions, the Company grants you a non-exclusive, non-transferable, and revocable license to use the website on any computer or mobile device that you own or control. You may use the service only if you are a resident of ByBench, L.L.C., have reached the age of majority where you live and can form legally binding contracts under applicable law. You may not use the website if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this website is lawful, and you must comply with all applicable laws.
• Each User represents and warrants to the Company that: (a) you have reached the age of majority where you live and can form legally binding contracts under applicable law; and (b) if you are acting on behalf of a corporation, entity, or organization, you: (i) are authorized to bind that corporation, entity or organization to these Terms and Conditions; and (ii) the corporation, entity or organization on behalf of which you are entering into these Terms and Conditions is a duly formed entity existing in good standing in each of the jurisdictions in which the entity transacts business.
• Your use of the user license and service and your contact, interaction, or dealings with other Users and any third parties arising out of your use of the service is entirely at your own risk. Users are independent of Company and are not agents, representatives, or employees of the Company. The Company is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches, or negligence of any User or any of its employees, independent contractors, representatives, agents, assigns, carriers, operators, drivers, delivery personnel or other suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

USER CONTENT

Content Responsibility. The website permits you to share content, upload pictures, upload descriptions, etc., but you are solely responsible for the content posted to you. You represent that you have required permission to use the content. When posting content to the website, please do not post content that:

• Contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, and inflammatory attacks of a personal, racial, or religious nature.
• It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, and contains exaggeration or unsubstantiated claims.
• Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
• Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability or refers to such matters in any manner prohibited by law.
• Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
• Uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files.
• Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
• Any submitted content that includes, but is not limited to, the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of bybench.com.

• You further agree not to use the Website or Services:
• To harass, abuse, or threaten others or otherwise violate any person's legal rights.
• To violate any of our intellectual property rights or any third party.
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• To perpetrate any fraud.
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
• To publish or distribute any obscene or defamatory material.
• To publish or distribute any material that incites violence, hate, or discrimination towards any group.
• To unlawfully gather information about others.

NO SPAM POLICY

Any unauthorized use of ByBench's computer systems for sending unsolicited email advertisements to CADs email addresses or through ByBenchs computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

PAID POSTINGS

We may charge a fee to post content in some areas of the Service. The fee is an access fee permitting content to be posted in a designated area. Each party posting content to the Service is responsible for said content and compliance with the Terms. All fees paid will be non-refundable in the event that content is removed from the Service for violating the Terms.

DISCLAIMER

If you require any more information or have any questions about our site's disclaimer, please feel free to contact us.
ByBench, LLC makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind.

• You agree that from time to time, and we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk
• The information contained on this website is for general information purposes only. The information is provided by ByBench, LLC, and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk.
• In no event will we be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
• Through this website, you can link to other websites which are not under the control of ByBench, LLC. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, ByBench, LLC takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

LIMITATION OF WARRANTIES

The information on this website is provided "as is" without any representations or warranties, express or implied ByBench, LLC makes no representations or warranties

• Without prejudice to the generality of the foregoing paragraph, ByBench, LLC does not warrant that:
• The information regarding Services on this website will constantly be available or available at all.
• The information on this website is complete regarding Different Services, true, accurate, up-to-date, or non-misleading.

Please be also aware that when you leave our website, other sites may have different privacy policies and terms that are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.  

Consent

By using our website, you hereby consent to our disclaimer and agree to its terms.

HYPERLINKING TO OUR CONTENT

1) Without prior written approval, the following organizations may link to our site:

• Government agencies.
• Search engines.
• News organizations.
• Online directory distributors, when they list us in the directory, may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
• Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups that may not hyperlink to our Web site.

2) We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party's site.

3) We may consider and approve, in our sole discretion, other link requests from the following types of organizations:

• Commonly-known consumer and business information sources such as the Chambers of Commerce and Consumers Union.
• dot.com community sites.
• Associations or other groups representing charities, including charity-giving sites
• online directory distributors.
• Internet portals.
• Accounting, law, and consulting firms whose primary clients are businesses; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we determine that the link will not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, are not permitted to link); (b) the organization does not have an unsatisfactory record with us, and (c) the benefit to us from the increased visibility associated with the hyperlink outweighs the cost of the link.

We allow these links if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party or its products or services; and (c) is appropriate to the linking party's website. If you are one of the organizations listed in paragraph 2 and would like to link to our website, please contact us at [email protected]. List any URLs from which you intend to link to our Web site, along with the URL(s) on our site to which you would like to link. Response time is 2-3 weeks. Those approved may link to our site as follows:

• By using our company name, the URL (web address) being linked to, or any other description of our website or material that makes sense within the context and format of the linking party's site.

No use of the ByBench, L.L.C. logo, or other artwork will be allowed for linking absent a trademark license agreement.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of ByBench, L.L.C., including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our I.P."). You agree that we own all rights, title, and interest in and to the Our I.P. and that you will not use Our I.P. for any unlawful or infringing purpose. You agree not to reproduce or distribute Our I.P. in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless ByBench, L.L.C. and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an "Indemnified Party"), for any claims, causes of action, debts, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by ByBench, L.L.C. ByBench, L.L.C. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ByBench, L.L.C. in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party's prior written consent.

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in the United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If, for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the United States, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the bybench.com Website, including loss of data or information or any kind of financial or physical loss or damage.
In no event shall ByBench, L.L.C., nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GOVERNING LAW AND JURISDICTION

This website originates from the United States. The laws of the United States. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United States. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

SEVERABILITY

If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at [email protected].
This document was last updated on April 1, 2023