Mobile App Terms of Service

Terms of Service

This mobile application is operated by BenchSentry Inc. (“Company”,”we”, “us” and “our”).  The following Terms of Service, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of the BenchSentry mobile application, (the “App”) including content, functionality, services and tools offered through the App, whether as a guest or a registered user.  By downloading or using the App, these Terms and our Privacy Policy will automatically apply to you – you should make sure therefore that you read them carefully before using the App. You’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to BenchSentry.

BenchSentry is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for.

The BenchSentry App stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the BenchSentry App won’t work properly or at all.

 You should be aware that there are certain things that BenchSentry will not take responsibility for. Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but BenchSentry cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.

Along the same lines, BenchSentry cannot always take responsibility for the way you use the App i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, BenchSentry cannot accept responsibility.

With respect to BenchSentry’s responsibility for your use of the App, when you’re using the App, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. BenchSentry accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.

At some point, we may wish to update the App. The App is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the app. BenchSentry does not promise that it will always update the App so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Age Restriction

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in the state or province of residence and you have given us your consent to allow any of your minor dependents to use this App.  You many not use our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws).

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms.  You agree not to use the App:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To send, knowingly receive, uload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
  • In any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, ther server on which the App is stored or any server, mobile device, computer or database connected to the App.
  • Otherwise attempt to interfere with the proper working of the App.

Trademarks 

The Company name, Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission from the Company. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners.  

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that (a) your use of this App will be uninterrupted, timely, secure, or error-free, (b) files available for downloading from the internet or the App will be free of viruses or other destructive code, and (c) any results obtained from the use of this App will be accurate or reliable. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP.

 
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms (including the documents incorporated by reference) or your use of the App, including, but not limited to, any use of the App’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the App.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

Unless otherwise expressly agreed in writing signed by you and by a duly authorized representative of the Company, these Terms and our Privacy Policy constitutes the sole and entire agreement between you and the Company with respect to the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Governing Law

All matters relating to the App and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City of Denver and County of Denver, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Geographic Restrictions

The owner of the App is based in the United States of America. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Changes to This Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at 7711 W. 6th Ave Lakewood, CO 80214 or email us at Info@BenchSentry.com.

Last Modified October 14, 2019