Effective on September 1, 2017
Our mission is to provide cloudbased CFO services for the next generation of growing businesses. We are committed to making the best software for business financial goal identification and attainment, and it all starts with providing exceptional value through cloudbased CFO services.
Table of Contents:
3. Rights and Limits
4. Disclaimer and Limit of Liability
6. Dispute Resolution
7. General Terms
8. BenchmarkCFO “Dos” and “Don’ts”
9. Complaints Regarding Content
10. How To Contact Us
You agree that by clicking “Submit and Check Out”, “Join Now”, “Join BenchmarkCFO”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with BenchmarkCFO (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “Terms of Service” or “User Agreement”), do not click “Submit and Check Out” (or similar) and do not access or otherwise use any of our Services.
This Contract applies to BenchmarkCFO.com, BenchmarkCFO-branded apps, and other BenchmarkCFO-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both.
You are entering into this Contract with BenchmarkCFO (also referred to as “we” and “us”). You are entering into this Contract with BenchmarkCFO, Inc. and your personal and business data provided to, or collected by or for, our Services is controlled by BenchmarkCFO, Inc.
1.2 Members and Visitors
When you register and join the BenchmarkCFO Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.
2.1 Service Eligibility
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one BenchmarkCFO account, which must be in your real name; and (3) you are not already restricted by BenchmarkCFO from using the Services.
Members who were below this new Minimum Age when they started using the Services under a previous Terms of Service may continue to use them, as they have already reached the new Minimum Age since then or will reach it in the near future.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for BenchmarkCFO to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use, the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services, namely:
- We do not provide refunds on any fees or charges, including partially used periods and bank/merchant fees.
- Under the laws applicable in your jurisdiction, however, you may qualify for a refund.
Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- All of your purchases of Services are subject to BenchmarkCFO’s refund policy.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your BenchmarkCFO account settings.
2.4 Notices and Service Messages
You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit the messages you receive from us.
Our Services may allow messaging and sharing of information in many ways. Information and content that you share or post may be seen by other Members or Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to BenchmarkCFO connections, restricting your profile visibility from search engines, or opting not to notify others of your BenchmarkCFO profile update).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your License to BenchmarkCFO
As between you and BenchmarkCFO, you own the content and information that you submit or post to the Services and you are only granting BenchmarkCFO and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give third parties the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your choices.
- While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to BenchmarkCFO, you agree that BenchmarkCFO can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. BenchmarkCFO may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
3.3 Other Content, Sites and Apps
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. BenchmarkCFO generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. You may opt out of this feature.
BenchmarkCFO reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. BenchmarkCFO reserves the right to restrict, suspend, or terminate your account if BenchmarkCFO believes that you may be in breach of this Contract or law or are misusing the Services (e.g. violating any Do and Don’ts).
3.5 Intellectual Property Rights
BenchmarkCFO reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. BenchmarkCFO, logos and other BenchmarkCFO trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of BenchmarkCFO.
4. Disclaimer and Limit of Liability
4.1 No Warranty
BENCHMARKCFO MAY PROVIDE CLOUDBASED CFO SERVICES, BUT NEITHER BENCHMARKCFO NOR ITS AFFILIATES IS DEEMED TO ACTUALLY SERVE AS THE CHIEF FINANCIAL OFFICER (“CFO”), ACCOUNTANT, OR OTHER SUCH AGENT OR EMPLOYEE UNDER THIS CONTRACT.
TO THE EXTENT ALLOWED UNDER LAW, BENCHMARKCFO AND ITS AFFILIATES (AND THOSE THAT BENCHMARKCFO WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BENCHMARKCFO HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), BENCHMARKCFO AND ITS AFFILIATES (AND THOSE THAT BENCHMARKCFO WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF BENCHMARKCFO AND ITS AFFILIATES (AND THOSE THAT BENCHMARKCFO WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, (B) US $1000, OR (C) THE CASH AMOUNT ACTUALLY PAID TO US BY YOU, AS ALLOWED BY LAW.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BENCHMARKCFO AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF BENCHMARKCFO OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and BenchmarkCFO may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback and anonymized data;
- Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 4, 6 and 7 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to close your account.
6. Dispute Resolution
You agree that the laws of the State of California, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts in San Diego County, California, USA, and we each agree to personal jurisdiction in those courts.
7. General Terms
If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that BenchmarkCFO has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that BenchmarkCFO may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. BenchmarkCFO “Dos” and “Don’ts”
You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in a professional manner.
You agree that you will not:
- Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
- Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on BenchmarkCFO. The occasional creation of clearly fictional profiles by BenchmarkCFO or with its express permission in connection with a promotional campaign does not waive this obligation;
- Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;
- Create a Member profile for anyone other than yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another’s account;
- Harass, abuse or harm another person;
- Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation unauthorized by BenchmarkCFO;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
- Bypass or circumvent any access controls or Service use limits (such as caps on keyword searches);
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of BenchmarkCFO;
- Solicit email addresses or other personal information from Members you don’t know, without authorization;
- Use, disclose or distribute any data obtained in violation of this policy;
- Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
- Violate the intellectual property or other rights of BenchmarkCFO, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “BenchmarkCFO” or our logos in any business name, email, or URL except as provided in the Brand Standards;
- Use BenchmarkCFO invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution;
- Create or operate a pyramid scheme, fraud or other similar practice;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Imply or state that you are affiliated with or endorsed by BenchmarkCFO without our express consent (e.g., representing yourself as an accredited BenchmarkCFO trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
- Sell, sponsor, or otherwise monetize any Service without BenchmarkCFO’s consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without BenchmarkCFO’s consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Overlaying or otherwise modifying the Services or their appearance;
- Access the Services except through the interfaces expressly provided by BenchmarkCFO, such as its mobile applications and BenchmarkCFO.com;
- Use a Service for tasks that it is not intended for;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
- Violate the Professional Community Guidelines or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.
10. How To Contact Us
If you want to send us questions, comments, notices, or service of process, please contact us at support@benchmarkCFO.com or at:
1041 Market Street #215
San Diego, CA 92101