Terms and Conditions
This Web site (www.servicebench.com) is powered by ServiceBench™. By accessing this ServiceBench Web site (the “Site”) you agree to be bound by the terms of this agreement, without modification, including all disclaimers, terms and conditions set forth in this agreement. If you do not agree to the terms of this license, do not access the content, features or functions of this Site.
ServiceBench grants you a non-exclusive, non-transferable, royalty-free license to access the content on the site for your own personal business purposes while visiting the Site, solely for the purposes of accessing the content, features and functions of the Site in accordance with this agreement.
ServiceBench reserves the right at any time and for any reason it deems sufficient, in its sole discretion, to revoke this license, to deny you future access to the Site, or to impose conditions on your future access, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access.
This site is copyrighted by ServiceBench. You may not copy or distribute, nor attempt to copy or distribute, the content or features of the Site.
In addition to these terms and conditions, ServiceBench posts to this Site, from time to time its then-current privacy policies and policies governing acceptable use and of the Site and/or ServiceBench software and services. You agree to abide by all such policies, which ServiceBench may modify in its discretion, and by all applicable laws and regulations. Changes to such policies are effective when posted to the Site.
CONTENT, FEATURES AND FUNCTIONS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND SERVICEBENCH MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE SITE, ITS CONTENTS, FEATURES OR FUNCTIONS, FOR ANY PURPOSE. SERVICEBENCH DOES NOT WARRANT THAT THE CONTENT, FEATURES AND FUNCTIONS AVAILABLE ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. SERVICEBENCH DOES NOT WARRANT THAT ITS HARDWARE OR SOFTWARE OR ANY PORTION THEREOF WILL BE FULLY PROTECTED AGAINST MALFUNCTIONS OR SECURITY BREACHES.
EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND SERVICEBENCH, SERVICEBENCH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND SERVICEBENCH, IN NO EVENT WILL SERVICEBENCH BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SERVICEBENCH SERVICES OR SOFTWARE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF SERVICEBENCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THE ABOVE LIMITATION IS NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, SERVICEBENCH SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN THE GREATER OF ANY SUBSCRIPTION OR LICENSE FEES YOU HAVE PAID DIRECTLY TO SERVICEBENCH IN THE PRECEDING THIRTY (30)-DAY PERIOD OR TEN DOLLARS ($10.00 USD).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
This license constitutes the entire agreement between ServiceBench and you with respect to your rights to access and use the Site.
This AGREEMENT shall be construed and enforced in accordance with the laws of the State of Delaware. Any dispute arising out of this Agreement shall be adjudicated exclusively in the state or federal courts of Delaware, and ServiceBench and you both consent to personal jurisdiction and venue therein.
