Terms of Use

Terms of Use

Last Modified: 03/20/2025

  1. Acceptance

These Terms of Use are an agreement between you and Benchmark Capital Management, LLC, a Michigan limited liability company (“Benchmark,” “we,” “us,” and “our”). These Terms govern your access to and use of the Site. By using the Site, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not abide by these Terms, you may not access or use the Site. IF YOU ARE LESS THAN 13 YEARS OF AGE, YOU AGREE NOT TO ENTER OR UPLOAD ANY INFORMATION ON THE SITE.

  1. Definitions

“Privacy Policy” means the privacy policy posted at https://benchmarkmi.com, which is incorporated by this reference.

“Related Persons and Organizations,” in reference to Benchmark, means our members, affiliates, licensors, and service providers, and our and their respective members, owners, directors, officers, employees, contractors, agents, advisors, representatives, successors, and assigns, as applicable in each case.

“Terms” means these Terms of Use.

“Site” means (a) the Benchmark website based at https://benchmarkmi.com, (b) all Benchmark social-media sites (Facebook, LinkedIn, etc.) and (c) all their respective content, features, functions, services, software, and source code.

  1. Changes

Changes to these Terms. We may update these Terms from time to time in our sole discretion. The Terms and any updates shall be effective as of the day of posting and are retroactive to the first day on which the Site was made publicly accessible. You acknowledge that these Terms govern your past and present use of the Site. Your continued use of the Site following the posting of updated Terms means that you agree to and accept the changes to the Terms.

Changes to the Site. We may update or delete Site content at any time in our sole discretion without notice, but we are under no obligation to do so. We may alter or disable any feature or function of the Site at any time in our sole discretion without notice. Benchmark is not required to provide any notification of changes to the Terms other than listing the latest modification date. As a user, you should check back frequently to remain apprised of any updates.

  1. Access

Prerequisites. To use some of the features of the Site, you may be asked to provide personal identifying information or other information. If you provide information to us, you warrant that it is accurate.

Right to Terminate. We reserve the right to take down the Site or any portion of it, or to suspend or terminate your access to the Site, at any time without notice in our sole discretion.

  1. Prohibited Uses

No Unlawful Use. You must not to use the Site in any way that: (a) is in breach of these Terms; (b) violates applicable law or regulations; or (c) in our opinion, would harm Benchmark or other users of the Site or expose Benchmark to liability.

No Interference. You must not directly or indirectly: (a) attempt to interfere with the proper working of the Site; (b) interfere with anyone else’s use of the Site; (c) introduce any virus, Trojan horse, worm, logic bomb, or other harmful code; (d) attempt to gain unauthorized access to the Site; or (e) carry out or attempt a denial-of-service attack or other cyberattack on the Site.

Consequences of Breach. If you breach these Terms, your right to use the Site is automatically revoked, and we reserve the right to pursue any and all remedies available at law, in equity, or hereunder. You acknowledge that our remedies for breach are cumulative, not exclusive.

  1. Intellectual Property Rights

Ownership. The Site and all intellectual-property rights therein are owned by us or our Related Persons and Organizations and are protected under United States and foreign law, including copyright and trademark laws. All rights not expressly granted hereunder are reserved. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Site or any part of it without our express written consent, which may be requested by contacting us.

Trademarks. The mark “Benchmark Capital Management” and related logos, names, designs, and slogans (collectively, our “Trademarks”) are trademarks of Benchmark. All other logos, names, designs, and slogans on the Site are the trademarks of their respective owners. You must not remove or alter any copyright notice, trademark notice, or other proprietary-rights notice on the Site or any part of it.

  1. Third-Party Content

The Site may contain content provided by third parties, such as articles and comments. Opinions and statements set forth in third-party content are solely those of the author and do not necessarily reflect the opinions or factual understandings of Benchmark. You acknowledge that we are not responsible or liable for content provided by third parties.

  1. Information About You and Your Visits to the Site

All information we collect on or by way of the Site is subject to our Privacy Policy. By using the Site, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

  1. Requests for Information

Requests for information that your make through the Site may be subject to additional terms of third-party service providers.

  1. Links

Links to the Site. You may link to the Site, provided that doing so does not: (a) damage or take unfair advantage of our reputation; (b) suggest approval or endorsement by us or suggest any association with us without our express written consent; or (c) cause the Site or any portion of it to appear to be part of another website, such as by framing, deep linking, or in-line linking.

Links on the Site. The Site contains links to other sites or resources provided by third parties including but not limited to https://benchmarkmi.com, such links are for your convenience only. We have no control over third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party sites linked to on the Site, you do so entirely at your own risk and subject to the terms of the third-party’s terms and conditions. If you make use of such resources, you acknowledge that you are aware of the following warning and accept its terms:

WARNING: You are now entering a third-party site not owned or operated by Benchmark Capital Management, LLC (“Benchmark,” “we,” “us,” and “our”). We are not responsible for third-party sites. However, we may receive information about you as a result of your interaction with the third-party site. By continuing, you acknowledge that any information that Benchmark receives about you or your business as a result of your interaction with the third-party site has been authorized by you, and you consent to our disclosure of such information to our employees, agents, and affiliates and to our use of such information to contact you or provide services to you and for other legitimate business purposes. You further acknowledge that: (1) your use of third-party sites is entirely at your own risk; (2) any activities you engage in or disclosures you make on third-party sites are subject to the terms and policies of such sites; (3) we have no control over and is not responsible for the terms, policies, operations, actions, or omissions of third-party sites or their operators or agents, including as to data usage, data privacy, data security, communications, or compliance with applicable law; and (4) we are not liable for any claim that may arise in connection with your use of third-party sites, or for any direct, indirect, consequential, incidental, special, or other damages or losses of any kind that may result, regardless of the legal theory on which such claims or losses are based.

  1. Geographic Restrictions

Benchmark is based in Michigan, U.S.A. We make no claim that the Site or its content are appropriate in other jurisdictions. If you access the Site from outside Michigan, you are responsible for complying with applicable law and regulations. If accessing or using the Site would be unlawful in your location, you must not do so.

  1. Disclaimer of Warranties

THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. NEITHER BENCHMARK NOR ITS RELATED PERSONS AND ORGANIZATIONS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SECURITY, RELIABILITY, QUALITY, ACCURACY, COMPLETENESS, OR AVAILABILITY. WITHOUT LIMITING THE FOREGOING, NEITHER BENCHMARK NOR ITS RELATED PERSONS AND ORGANIZATIONS REPRESENTS OR WARRANTS (A) THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (B) THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, (C) THAT THE SITE OR THE SERVER THAT HOSTS IT ARE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS, OR (D) THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT ALLOWED BY LAW, BENCHMARK HEREBY DISCLAIMS ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

  1. Limitation of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, BENCHMARK AND ITS RELATED PERSONS AND ORGANIZATIONS ARE NOT LIABLE FOR DAMAGES OF ANY KIND (REGARDLESS OF LEGAL THEORY) ARISING OUT OF OR IN CONNECTION WITH THE SITE, INCLUDING (A) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (B) DAMAGES BASED ON PERSONAL INJURY, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, OR (C) DAMAGES BASED ON LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS, LOSS SAVING, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, AND EVEN IF THE HARM WAS FORESEEABLE. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

  1. Time Limit to File Claims

ANY LEGAL SUIT, ACTION, OR PROCEEDING BASED ON OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Indemnification

You will indemnify, defend, and hold Benchmark and its Related Persons and Organizations harmless from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of your actions or omissions, including any request for information or services, any breach of these Terms, and any violation of applicable law or regulations.

  1. Copyright Policy

Notification. If you believe any materials on the Site infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S. Code § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is:

Copyright Agent

Benchmark Capital Management, LLC

3919 Remembrance Road NW, Suite B, Grand Rapids, MI 49534

Email Us

Consequences of Noncompliant Notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  1. General Terms

Entire Agreement. These Terms constitute the sole and entire agreement between you and us regarding the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Interpretation. The conjunction “or” is not exclusive. The term “any” implies “all” and vice-versa to achieve the broadest-possible interpretation. The verb “include” in any form is deemed to be followed by the words “without limitation” to achieve the broadest-possible interpretation. The terms “hereby,” “hereof,” “hereunder,” and the like refer to these Terms.

Governing Law and Jurisdiction. All matters relating to these Terms or the Site (including all disputes or claims, whether contractual and noncontractual in nature) shall be governed by the internal laws of the State of Michigan without giving effect to any choice- or conflict-of-law provision or rule, whether of the State of Michigan or any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located, in each case, in Kent County, Michigan, and you hereby consent to personal jurisdiction in such courts and waive any objection regarding venue.

Waiver. No waiver of any provision of these Terms is valid unless in writing and signed by the party against whom the waiver is sought to be enforced. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision. A failure or delay in exercising any right or remedy hereunder does not constitute a waiver of such right or remedy.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be removed or limited in effect, but only to the extent needed to cure the defect. All remaining provisions of these Terms will continue in full force and effect.

  1. Comments or Questions

The Site is operated by Benchmark Capital Management, LLC. Comments or questions about the Site can be emailed to us.