Terms Of Service

1. GENERAL
   
   Your access to and use of Technology Benchmark’s Web site found at www.techbenchmark.com (including any affiliated sites of Technology Benchmark which are marked as such, the “Site”) and all products and services of Technology Benchmark, regardless of media, is subject to the terms, conditions and disclaimers set forth below, and to all applicable laws and regulations. Your failure to abide by any such disclaimers, terms or conditions may result in the termination of your access to the Site, and use of its products and services. In addition, Technology Benchmark reserves the right to terminate access to the Site for any reason. In the case of any member who has paid membership fees (“Member”), such termination shall be subject to the terms and conditions set forth in the Member Registration Agreement (“Registration Agreement”).
   
   Technology Benchmark reserves the right to change the terms and conditions applicable to use of the Products, including without limitation these disclaimers, terms and conditions of access. Such changes shall be effective immediately upon posting to the Site. Use of the Site after such posting shall be deemed to be acceptance by Member (or other user) of such changes.
   
   By your acceptance of this Agreement and use of this Site, and as a material condition of such use, you warrant that you are over the age of eighteen, that you are the authorized employee of a Member company (for access to the Members-only portion of the Site), and that you have provided accurate and complete information in any communication with the Technology Benchmark including your login and user profile.
   
   
2. NO WARRANTY
   
   YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. The Site, and all products and services contained therein, are provided AS IS and Technology Benchmark makes NO REPRESENTATION OR WARRANTY OF ANY KIND with respect to them, including those of merchantability and fitness for a particular purpose. Although Technology Benchmark takes reasonable steps to screen its Site, and the products and services contained therein, for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making such products and services available, Technology Benchmark cannot guarantee that any use of Site, or its products or services, will be free of infection.
   
   You understand that the Site will not operate error-free or without interruption and Technology Benchmark makes no warranty that the Site will be accessible or available for any percentage of time or at all. You are solely responsible for the security, confidentiality and consequences of use of all information you receive, transmit or store via the Site. You are solely responsible for obtaining and maintaining all telecommunications, computer hardware and other equipment needed for access to and use of the Site, and all charges for such equipment.
   
   You understand that the Content contained in the Site has been obtained from sources believed to be reliable. Technology Benchmark disclaims all warranties as to the accuracy, completeness or adequacy of the Content. The reader assumes sole responsibility for the use of the Site and the Content to achieve its intended results. The opinions expressed on the Site and in the Content are subject to change without notice.
   
   The Site may provide, or third parties may provide, links to non-Technology Benchmark web sites or resources. You acknowledge that Technology Benchmark has no control over such sites and resources, and is not responsible for the availability of such external sites or resources, and Technology Benchmark is not responsible or liable for any content, advertising, products, links or other materials on or available from such sites or resources. You acknowledge and agree that Technology Benchmark is not liable, directly or indirectly, for any damages or losses caused or arising out of or in connection with your use or access of any external site or resource.
   
   
3. LIMITATION ON LIABILITY
   
   With respect to your use of the products and services provided by Technology Benchmark, including the Site, Technology Benchmark SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY UNDER ANY CIRCUMSTANCES FOR (A) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUSINESS INTERRUPTION, LOST PROFITS OR COSTS OR ATTORNEY'S FEES, OR ANY LIABILITY FOR LOSS OF USE, PROGRAMS OR DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OR ANY CONTENT OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH CONTENT OR USE OF THE SITE, EVEN IF TECHNOLOGY BENCHMARK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSBILITY OF SUCH DAMAGES, OR (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR CONTENT OR INFORMATION DOWNLOADED FROM THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TECHNOLOGY BENCHMARK’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
   
   
4. OWNERSHIP OF INTELLECTUAL PROPERTY
   
   Except with respect to those marks or content belonging to third party providers appearing on the Site and noted as such on the Site, Technology Benchmark is the owner or licensee of all marks, content and information on the Site, including without limitation all trademarks, registered trademarks and or service marks appearing on the Site (“Trademarks”), and any and all data, research, functionality, programs, screens and other information applicable to the Site (“Content”). Technology Benchmark has the right at any time to modify or discontinue any aspect or feature of the Site, including its pricing, content, functionality, hours of availability and/or equipment needed for its access or use, without prior notice. The Trademarks and the Content are the property of Technology Benchmark and are protected by U.S. and international trademark and copyright law and conventions. Except as expressly stated in Section 5 below, no license is granted to you to use the Content or the Trademarks in any way. If you believe that Content appearing on the Site constitutes copyright infringement of another party’s rights, please follow the instructions on our Citation Policy.
   
   
5. LICENSE TO USE SITE
   
   Technology Benchmark grants you a personal, non-exclusive, non-transferable license to access the public sections of the Site and, if you are a Member and have been granted a password for a particular membership type, Technology Benchmark grants you a personal, non-exclusive, non-transferable license to access the Members-only sections of the Site and the Content it contains for your internal research and development purposes. The Content and Trademarks may not be disclosed, published, distributed, modified, reproduced or transmitted in whole or in part without our prior written permission, except as expressly set forth below. The Site may contain software tools or databases that allow you to search and retrieve information. You may not sell, distribute or commercially exploit the database, or the results of any database search performed on the Site. You may not copy or save copies of the Content or the Trademarks, or any portion thereof, on information storage and retrieval systems, or make recordings or retransmittals over any network (including any local area network). You may not sell, rent, lease, lend or transfer any services provided on the Site and you may not assign or sublicense this license. You shall not use Technology Benchmark's name or any excerpts from the Site in the promotion of your products or services.
   
   A Member may make a very limited number of hard copies of the screens of the Site, or of any search output that does not contain a significant segment of a database, for such Member’s internal research and development purposes only. Member agrees to maintain all copyright, trademark and other notices contained in such copies.
   
   
6. Security
   
   Security of your confidential Member information (e.g. name, address, password, billing information, Site usage, etc., collectively, “Member Information”) is kept secure behind a firewall for protection, and only limited personnel have access to your Member Information. Notwithstanding the foregoing, you acknowledge that it is your sole responsibility to:
   1. maintain the confidentiality of your Member Information;
   2. immediately notify Technology Benchmark of any theft or unauthorized use of your Member Information or any other breach of security;
   3. log out of your browser at the end of each of session on the Site, so as to ensure that others cannot access your Member Information, personal information and correspondence;
   You acknowledge that transmission to and from the Site (“Communications”) are not confidential and security procedures notwithstanding, your transmissions may be read or intercepted by others. Technology Benchmark makes no representation, warranty or assurance that Communications will be treated as confidential or proprietary. You acknowledge and agree that by submitting Communications to Technology Benchmark, no confidential, fiduciary, contractually implied or other relationship is created between you and Technology Benchmark other than pursuant to these Terms of Service.
   
   
7. Indemnification
   
   You agree to indemnify, defend and hold harmless Technology Benchmark, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any violation of this Agreement by you, or your use and access of the Site.
   
   
8. Third Party Rights
   
   The provisions regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of Technology Benchmark, and its licensors (including other Members providing Content), employees and agents. Each shall have the right to assert and enforce those provisions against you.
   
   
9. Governing Law
   
   This Agreement and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of California, without regard to its conflicts of law principles. You consent to the jurisdiction of the courts of the State of California.
   
   
10. Attorneys’ Fees
    
    If you attempt to bring any legal action against Technology Benchmark or any of its Members based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or the Technology Benchmark does prevail, you will reimburse Technology Benchmark and its Members (as applicable) for any costs and attorney's fees associated with their defense of the action.
    
    
11. General Provisions
    
    Any modification or amendment to the agreement between you and Technology Benchmark shall be in writing or it shall be void. Neither the parties' course of conduct or trade practice will modify the terms of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect. The provisions regarding Disclaimer of Warranty, Indemnification, and Third Party Rights shall survive any expiration or termination of this Agreement or the Registration Agreement.
    
    
12. Privacy Policy
    
    Technology Benchmark will protect all Member and user information as set forth in the Privacy Policy. Technology Benchmark reserves the right to release current or past Member or Web site user information if Technology Benchmark believes that a Member’s account is being used to commit unlawful acts, if the information is subpoenaed and or if Technology Benchmark deems it necessary and/or appropriate.
    
    
13. Global Use
    
    Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.