TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY
AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED
HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER,
CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 10-20-2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally
binding agreement that shall govern the relationship with our users and
others which may interact or interface with The OFC Group, Inc., also
known as Benchingworkstations.com, located at7704 Rocky Mountain Lane,
McKinney, Texas 75070 and our subsidiaries and affiliates, in
association with the use of the Benchingworkstations.com website, which
includes Benchingworkstations.com, (the “Site”) and its Services, which
shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website
which has the following description:
Provide Design and Benching Office Furniture for our customers.
Any and all visitors to our site, despite whether they are registered
or not, shall be deemed as “users” of the herein contained Services
provided for the purpose of this TOS. Once an individual register’s for
our Services, through the process of creating an account, the user
shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services
provided and made available through our website and applications, which
may include some mobile applications and that those applications may be
made available on various social media networking sites and numerous
other platforms and downloadable programs, are the sole property of The
OFC Group, Inc.. At its discretion, The OFC Group, Inc. may offer
additional website Services and/or products, or update, modify or
revise any current content and Services, and this Agreement shall apply
to any and all additional Services and/or products and any and all
updated, modified or revised Services unless otherwise stipulated. The
OFC Group, Inc. does hereby reserve the right to cancel and cease
offering any of the aforementioned Services and/or products. You, as
the end user and/or member, acknowledge, accept and agree that The OFC
Group, Inc. shall not be held liable for any such updates,
modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided,
after such posting of any
updates, changes, and/or modifications shall constitute your acceptance
of such updates, changes and/or modifications, and as such, frequent
review of this Agreement and any and all applicable terms and policies
should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, revised or
modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and
agrees that the Services offered shall be provided “AS IS” and as such
The OFC Group, Inc. shall not assume any responsibility or obligation
for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.
REGISTRATION
To register and become a “member” of the Site, you must be at least 18
years of age to enter into and form a legally binding contract. In
addition, you must be in good standing and not an individual that has
been previously barred from receiving Benchingworkstations.com’s
Services under the laws and statutes of the United States or other
applicable jurisdiction.
When you register, Benchingworkstations.com may collect information
such as your name, e-mail address, birth date, gender, mailing
address, occupation, industry and personal interests.
You can edit your account information at any time. Once you
register with Benchingworkstations.com and sign in to our Services,
you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and
agrees to:
a)
furnish factual, correct, current and complete information with
regards to yourself as may be requested by the data registration
process, and
b)
maintain and promptly update your registration and profile
information in an effort to maintain accuracy and completeness at
all times.
If anyone knowingly provides any information of a false, untrue,
inaccurate or incomplete nature, The OFC Group, Inc. will have
sufficient grounds and rights to suspend or terminate the member in
violation of this aspect of the Agreement, and as such refuse any and
all current or future use of The OFC Group, Inc. Services, or any
portion thereof.
It is The OFC Group, Inc.’s priority to ensure the safety and privacy
of all its visitors, users and members, especially that of children.
Therefore, it is for this reason that the parents of any child under
the age of 13 that permit their child or children access to the
Benchingworkstations.com website platform Services must create a
“family” account, which will certify that the individual creating the
“family” account is of 18 years of age and as such, the parent or legal
guardian of any child or children registered under the “family”
account. As the creator of the “family” account, s/he is thereby
granting permission for his/her child or children to access the various
Services
provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent’s and/or legal guardian’s
responsibility to determine whether any of the Services and/or content
provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member’s registration data and various other personal information
are strictly protected by t h e The OFC Group, Inc. Online Privacy
Policy (see the full Privacy Policy at benchingworkstations.com). As a
member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United
States and/or other countries for storage, processing or use by The OFC
Group, Inc. and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your
account. You shall be responsible for maintaining the secrecy and
confidentiality of your password and for all activities that transpire
on or within your account. It is your responsibility for any act or
omission of any user(s) that access your account information that, if
undertaken by you, would be deemed a violation of the TOS. It shall be
your responsibility to notify The OFC Group, Inc. immediately if you
notice any unauthorized access or use of your account or password or
any other breach of security. The OFC Group, Inc. shall not be held
liable for any loss and/or damage arising from any failure to comply
with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and
agree that all information, text, software, data, photographs, music,
video, messages, tags or any other content, whether it is publicly or
privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In
short, this means that you are solely responsible for any and all
content posted, uploaded, emailed, transmitted or otherwise made
available by way of the Benchingworkstations.com Services, and as such,
we do not guarantee the accuracy, integrity or quality of such content.
It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or
omissions in any content posted, and/or any loss or damage of any kind
incurred as a result of the use of any content posted, emailed,
transmitted or otherwise made available by Benchingworkstations.com.
Furthermore, you herein agree not to make use ofThe OFC Group, Inc.’s
Services for the purpose of:
a)
uploading, posting, emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another’s privacy or which is
hateful, and/or
racially, ethnically, or otherwise objectionable;
b)
causing harm to minors in any manner whatsoever;
c)
impersonating any individual or entity, including, but not limited
to, any Benchingworkstations.com officials, forum leaders, guides
or hosts or falsely stating or otherwise misrepresenting any
affiliation with an individual or entity;
d)
forging captions, headings or titles or otherwise offering any
content that you personally
have no right to pursuant to any law nor having any contractual or
fiduciary relationship with;
e)
uploading, posting, emailing, transmitting or otherwise offering
any such content that may
infringe upon any patent, copyright, trademark, or any other
proprietary or intellectual rights of any other party;
f)
uploading, posting, emailing, transmitting or otherwise offering
any content that you do not
personally have any right to offer pursuant to any law or in
accordance with any contractual or fiduciary relationship;
g)
uploading, posting, emailing, transmitting, or otherwise offering
any unsolicited or unauthorized advertising, promotional flyers,
“junk mail,” “spam,” or any other form of solicitation, except in
any such areas that may have been designated for such purpose;
h)
uploading, posting, emailing, transmitting, or otherwise offering
any source that may contain a software virus or other computer
code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer
software, hardware, or telecommunication equipment;
i)
disrupting the normal flow of communication, or otherwise acting in
any manner that would negatively affect other users’ ability to
participate in any real time interactions;
j)
interfering with or disrupting any The OFC Group, Inc. Services,
servers and/or networks
that may be connected or related to our website, including, but not
limited to, the use of any device software and/or routine to bypass
the robot exclusion headers;
k)
intentionally or unintentionally violating any local, state,
federal, national or international
law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission,
in addition to any rules of any nation or other securities
exchange, that would include without limitation, the New York Stock
Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations having the force of law;
l)
providing informational support or resources, concealing and/or
disguising the character,
location, and or source to any organization delegated by the United
States government as a “foreign terrorist organization” in accordance
to Section 219 of the Immigration Nationality Act;
m)
“stalking” or with the intent to otherwise harass another
individual; and/or
n)
collecting or storing of any personal data relating to any other
member or user in connection with the prohibited conduct and/or
activities which have been set forth in the aforementioned
paragraphs.
The OFC Group, Inc. herein reserves the right to pre-screen, refuse
and/or delete any content currently available through our Services. In
addition, we reserve the right to remove and/or delete any such content
that would violate the TOS or which would otherwise be considered
offensive to other visitors, users and/or members.
The OFC Group, Inc. herein reserves the right to access, preserve
and/or disclose member account information and/or content if it is
requested to do so by law or in good faith belief that any such action
is deemed reasonably necessary for:
a)
compliance with any legal process;
b)
enforcement of the TOS;
c)
responding to any claim that therein contained content is in
violation of the rights of any third party;
d)
responding to requests for customer service; or
e)
protecting the rights, property or the personal safety ofThe OFC
Group, Inc., its visitors, users and members, including the general
public.
The OFC Group, Inc. herein reserves the right to include the use of
security components that may permit digital information or material to
be protected, and that such use of information and/or material is
subject to usage guidelines and regulations established by The OFC
Group, Inc. or any other content providers supplying content services
to The OFC Group, Inc.. You are hereby prohibited from making any
attempt to override or circumvent any of the embedded usage rules in
our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by
our Services, despite whether done so in whole or in part, is expressly
prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our
network you hereby agree to
comply with all local rules relating to online conduct and that which
is considered acceptable Content. Uploading, posting and/or
transferring of software, technology and other technical data may be
subject to the export and import laws of the United States and possibly
other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration
Regulations (
http://www.access.gpo.gov/bis/ear/ear_data.html
), as well as the sanctions control program of
the United States (http://www.treasury.gov/resource-
center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you
state and pledge that you:
a)
are not on the list of prohibited individuals which may be
identified on any government export exclusion report (
http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm
)
nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and
import laws and regulations;
b)
agree not to transfer any software, technology or any other
technical data through the use of our network Services to any
export-prohibited country;
c)
agree not to use our website network Services for any military,
nuclear, missile, chemical or biological weaponry end uses that
would be a violation of the U.S. export laws; and
d)
agree not to post, transfer nor upload any software, technology or
any other technical data which would be in violation of the U.S. or
other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
The OFC Group, Inc. shall not lay claim to ownership of any content
submitted by any visito,r member, or user, nor make such content
available for inclusion on our website Services. Therefore, you hereby
grant and allow for The OFC Group, Inc. the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a)
The content submitted or made available for inclusion on the
publicly accessible areas of The OFC Group, Inc.’s sites, the
license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting
the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as
you are a member of The OFC Group, Inc.’s sites, and shall
terminate at such time when you elect to discontinue your
membership.
b)
Photos, audio, video and/or graphics submitted or made available
for inclusion on the publicly accessible areas of The OFC Group,
Inc.’s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services are for the sole purpose of
providing and promoting the specific area in which this content was
placed and/or made available for viewing. This
license shall be available so long as you are a member of The OFC
Group, Inc.’s sites and shall terminate at such time when you elect to
discontinue your membership.
c)
For any other content submitted or made available for inclusion on
the publicly accessible areas of The OFC Group, Inc.’s sites, the
continuous, binding and completely sub- licensable license which is
meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said
content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current
used or later developed.
Those areas which may be deemed “publicly accessible” areas ofThe OFC
Group, Inc.’s sites are those such areas of our network properties
which are meant to be available to the general public, and which would
include message boards and groups that are openly available to both
users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
The OFC Group, Inc. provides an area for our users and members to
contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
a)
your contributions do not contain any type of confidential or
proprietary information;
b)
Benchingworkstations.com shall not be liable or under any
obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
c)
Benchingworkstations.com shall be entitled to make use of and/or
disclose any such
Contributions in any such manner as they may see fit;
d)
the contributor’s Contributions shall automatically become the sole
property of
Benchingworkstations.com; and
e)
Benchingworkstations.com is under no obligation to either
compensate or provide any
form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold The OFC Group,
Inc., our subsidiaries, affiliates, agents, employees, officers,
partners and/or licensors blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney
fees made by any third party which may arise from any content a member
or user of our site may submit, post, modify, transmit or otherwise
make available through our Services, the use of
Benchingworkstations.com Services or your connection with these
Services, your violations of the Terms of Service and/or your violation
of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy,
trade, sell, resell nor exploit for any commercial reason any part, use
of, or access to Benchingworkstations.com’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that The OFC Group, Inc. may set up any such
practices and/or limits regarding the use of our Services, without
limitation of the maximum number of days that any email, message
posting or any other uploaded content shall be retained by The OFC
Group, Inc., nor the maximum number of email messages that may be sent
and/or received by any member, the maximum volume or size of any email
message that may be sent from or may be received by an account on our
Service, the maximum disk space allowable that shall be allocated on
The OFC Group, Inc.’s servers on the member’s behalf, and/or the
maximum number of times and/or duration that any member may access our
Services in a given period of time. In addition, you also agree that
The OFC Group, Inc. has absolutely no responsibility or liability for
the removal or failure to maintain storage of any messages and/or other
communications or content maintained or transmitted by our Services.
You also herein acknowledge that we reserve the right to delete or
remove any account that is no longer active for an extended period of
time. Furthermore, The OFC Group, Inc. shall reserve the right to
modify, alter and/or update these general practices and limits at our
discretion.
MODIFICATIONS
The OFC Group, Inc. shall reserve the right at any time it may deem
fit, to modify, alter and or discontinue, whether temporarily or
permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third
party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
TERMINATION
As a member of Benchingworkstations.com, you may cancel or terminate
your account, associated email address and/or access to our Services by
submitting a cancellation or termination request to
[email protected].
As a member, you agree that The OFC Group, Inc. may, without any prior
written notice, immediately suspend, terminate, discontinue and/or
limit your account, any email associated with your account, and access
to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not
limited to:
a)
any breach or violation of our TOS or any other incorporated
agreement, regulation and/or guideline;
b)
by way of requests from law enforcement or any other governmental
agencies;
c)
the discontinuance, alteration and/or material modification to our
Services, or any part thereof;
d)
unexpected technical or security issues and/or problems;
e)
any extended periods of inactivity;
f)
any engagement by you in any fraudulent or illegal activities;
and/or
g)
the nonpayment of any associated fees that may be owed by you in
connection with your Benchingworkstations.com account Services.
Furthermore, you herein agree that any and all terminations,
suspensions, discontinuances, and or limitations of access for cause
shall be made at our sole discretion and that we shall not be liable to
you or any other third party with regards to the termination of your
account, associated email address and/or access to any of our Services.
The termination of your account with Benchingworkstations.com shall
include any and/or all of the following:
a)
the removal of any access to all or part of the Services offered
within Benchingworkstations.com;
b)
the deletion of your password and any and all related information,
files, and any such content that may be associated with or inside
your account, or any part thereof; and
c)
the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in
any promotions of, advertisers located on or through our Services,
which may include the payment and/or delivery of such related goods
and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely
between you and any such advertiser. Moreover, you herein agree that
The OFC Group, Inc. shall not be held responsible or liable for any
loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of such advertisers on
our website.
LINKS
Either The OFC Group, Inc. or any third parties may provide links to
other websites and/or resources. Thus, you acknowledge and agree that
we are not responsible for the availability of any such external sites
or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials,
on or available from such third party sites or resources. Furthermore,
you acknowledge and agree that The OFC Group, Inc. shall not be
responsible or liable, directly or indirectly, for any such damage or
loss which may be a result of, caused or allegedly to be caused by or
in connection with the use of or the reliance on any such content,
goods or Services made available on or through any such site or
resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that The OFC Group, Inc.’s Services
and any essential software that may be used in connection with our
Services (“Software”) shall contain proprietary and confidential
material that is protected by applicable intellectual property rights
and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information
presented by and through our Services or by advertisers is protected by
copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable
law or as authorized by The OFC Group, Inc. or such applicable
licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on The OFC Group, Inc. Services
(e.g. Content or Software), in whole or part.
The OFC Group, Inc. herein has granted you personal, non-transferable
and non-exclusive rights and/or license to make use of the object code
or our Software on a single computer, as long as you do not, and shall
not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise
make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any
such right in the Software. Furthermore, you do herein agree not to
alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and
without limitation, for the purpose of obtaining unauthorized access to
our Services. Lastly, you also agree not to access or attempt to access
our Services through any means other than through the interface which
is provided by The OFC Group, Inc. for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a)
THE USE OF THE OFC GROUP, INC. SERVICES AND SOFTWARE ARE AT THE
SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
“AS IS” AND/OR “AS AVAILABLE” BASIS. THE OFC GROUP, INC. AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b)
THE OFC GROUP, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE
OFC GROUP, INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
(ii) THE OFC GROUP, INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED FROM THE USE OF THE THE OFC GROUP, INC. SERVICES OR SOFTWARE
WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY
YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
(v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c)
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY
OF THE OFC GROUP, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d)
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM THE OFC GROUP, INC. OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e)
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE OFC GROUP,
INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS
OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,
EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID
DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to releaseThe OFC Group,
Inc. (and its officers, directors, employees, agents, parent
subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to
such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request
any such news, messages, alerts or other information from our Services
concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of
Liability again. In addition, for this particular type of information,
the phrase “Let the investor beware” is appropriate. The OFC Group,
Inc.’s content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended
for trading or investing purposes. The OFC Group, Inc. and our
licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or
liable for any trading and/or investment decisions based on any such
information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise
expressly provided in this TOS, that there shall be no third-party
beneficiaries to this agreement.
NOTICE
The OFC Group, Inc. may furnish you with notices, including those with
regards to any changes to the TOS, including but not limited to email,
regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be
herein after developed. Any such notices may not be received if you
violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your
agreement that you are deemed to have received any and all notices that
would have been delivered had you accessed our Services in an
authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of theThe OFC
Group, Inc. trademarks, copyright, trade name, service marks, and other
The OFC Group, Inc. logos and any brand features, and/or product and
service names are trademarks and as such, are and shall remain the
property of The OFC Group, Inc.. You herein agree not to display and/or
use in any manner the The OFC Group, Inc. logo or marks without
obtaining The OFC Group, Inc.’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE &
PROCEDURES
The OFC Group, Inc. will always respect the intellectual property of
others, and we ask that all of our users do the same. With regards to
appropriate circumstances and at its sole discretion, The OFC Group,
Inc. may disable and/or terminate the accounts of any user who violates
our TOS and/or infringes the rights of others. If you feel that your
work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following
information:
a)
The electronic or the physical signature of the individual that is
authorized on behalf of the
owner of the copyright or other intellectual property interest;
b)
A description of the copyrighted work or other intellectual
property that you believe has been infringed upon;
c)
A description of the location of the site which you allege has been
infringing upon your work;
d)
Your physical address, telephone number, and email address;
e)
A statement, in which you state that the alleged and disputed use
of your work is not authorized by the copyright owner, its agents
or the law;
f)
And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate,
and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.
The The OFC Group, Inc. Agent for notice of claims of copyright or
other intellectual property infringement can be contacted as follows:
Mailing Address: The OFC Group, Inc.
Attn: Copyright Agent
7704 Rocky Mountain Lane McKinney, Texas 75070
Telephone: 877-3523624
Email:
[email protected]
CLOSED CAPTIONING
BE IT KNOWN, that The OFC Group, Inc. complies with all applicable
Federal Communications Commission rules and regulations regarding the
closed captioning of video content. For more information, please visit
our website at Benchingworkstations.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you andThe OFC Group,
Inc. and shall govern the use of our Services, superseding any prior
version of this TOS between you and us with respect to The OFC Group,
Inc. Services. You may also be subject to additional terms and
conditions that may apply when you use or purchase certain other The
OFC Group, Inc. Services,
affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you andThe OFC Group, Inc. with
regard to the TOS that the relationship between the parties shall be
governed by the laws of the state of Texas without regard to its conflict
of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship
between you andThe OFC Group, Inc., shall be filed within the courts having
jurisdiction within the County ofCollin, Texas or the U.S. District Court
located in said state. You and The OFC Group, Inc. agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any
and all objections to the exercise of jurisdiction over the parties by such
courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should The OFC Group, Inc. fail to exercise or enforce any
right or provision of the TOS, such failure shall not constitute a waiver
of such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable
and any rights to your ID and/or contents within your account shall
terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently
deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law
to the contrary, any claim or action arising out of or related to the use
of our Services or the TOS must be filed within 1 year(s) after said claim
or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS toThe OFC Group, Inc. as
follows: Mailing Address:
The OFC Group, Inc.
7704 Rocky Mountain Lane McKinney, Texas 75070
Telephone: 877-3523624
Email:
[email protected]