TERMS AND CONDITIONS

User's Acknowledgment and Acceptance of Terms and Conditions

Benchmark Strategic Metals (“Benchmark”) provides the website www.benchmarkstrategicmetals.com (the “Website”) and other services (such as services offered on the Website and services not available directly from the Website) for Your use, as long as You comply with and agree to all the terms, conditions, and notices contained or referenced in this “User Agreement. The terms “You” and “Your” as used herein refer to any person or entity using the Website or other Benchmark service. These terms and conditions apply to all transactions, whether made through the Website or otherwise. Also, when using particular services or materials on this Website, You shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this User Agreement. All such guidelines or rules are hereby incorporated by reference into this User Agreement.

Before You place any orders to purchase from Benchmark, You must read and accept all of the terms in this User Agreement. Your use of this Website and/or Your placement of any order to purchase from Benchmark, whether through the Website or otherwise, constitutes a representation by You that You have read this User Agreement and agree to be bound by the terms and conditions contained herein.

This User Agreement is effective as of June 21, 2016 for all existing customers and users of this Website, and will be effective upon acceptance, as set forth above, for all new customers and users of this Website or Benchmark’s services. Benchmark reserves the right to change the terms and conditions of this User Agreement from time to time without notice to You. You acknowledge and agree that it is Your responsibility to review the Website and this User Agreement periodically, and to be aware of any modifications. Your continued use of this Website and/or any services provided by Benchmark after such modifications will constitute Your acknowledgement of the modified User Agreement and Your agreement to abide and be bound by the modified User Agreement.

Risks and User Representations

Investing involves risks and may not be suitable for everyone. You are urged to consult with your own financial advisors before making any investment decision. The value of precious metals is affected by many factors, including, but not limited to, the market price of those precious metals. Since all investments, including precious metals, can decline in value, investing in precious metals often involves a degree of risk that makes them unsuitable for certain individuals. Benchmark makes no recommendations, projections, representations, or guarantees with respect to the future price of any coin or precious metal.

By purchasing from Benchmark, You represent and warrant to Benchmark that you have sufficient experience and knowledge to make informed decisions to purchase from Benchmark. You expressly acknowledge that You are making all of Your own decisions in connection with purchases, and that Benchmark is not making any recommendation with respect to such purchases. You also expressly acknowledge that You are subject to a variety of risks, which risks are beyond the control of Benchmark, and You expressly acknowledge that Benchmark is not liable or responsible for those risks, for which You have sole responsibility. Those risks include, without limitation, risks associated with the price volatility of precious metals. You further acknowledge and understand that, under certain market or other conditions, You may not be able to liquidate the purchased products at prices acceptable to You.

Disclaimer of Warranties

Benchmark makes no warranty whatsoever and makes no representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness, or fitness for any general or particular purpose of the Website, or the services provided by or through the Website, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Website. The Website and any materials or services provided by or through the Website is provided to You on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied.

This Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services on the Website, including the prices and descriptions of any product, at any time without notice. The materials or services on the Website may be out of date, and we make no commitment to update such materials or services.

The use of the services or the downloading or other acquisition of any informational materials through this Website is done at Your own discretion and risk, and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such activities.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Order Entry Risk – Disclaimer and Limitation of Liability

Benchmark disclaims any liability or responsibility for orders placed through the Benchmark online order entry system, including, but not limited to, any loss or damage, whether direct, indirect, consequential, or incidental, that You or any third-party may suffer or incur as a result of the use of the Benchmark online order entry system, whether such loss or damage is caused by the Benchmark online order entry system or otherwise. Further, Benchmark disclaims any liability or responsibility for the interruption, cancellation, or other termination of the Benchmark online order entry system.

All orders placed through the Benchmark online order entry system are taken on a best efforts basis. Benchmark shall not be responsible for errors, negligence, or inability to execute such orders. Further, You understand and agree that the services available on this Website are provided “AS IS” and that Benchmark shall not be responsible for any delays in the transmission, delivery, mis-delivery, deletion, or execution of customer’s orders, due to failure of transmission, or breakdown or failure of communication facilities, or due to any other cause beyond Benchmark’s reasonable control.

Indemnification

You shall indemnify and hold harmless Benchmark and its affiliates, subsidiaries, parent companies, directors, officers, managers, and members from and against any and all costs, damages, expenses, liabilities, and obligations, including, without limitation, reasonable attorneys' fees that Benchmark and/or You may incur as a result of, or in connection with any breach of any representation or warranty made by You to Benchmark, or Your failure to comply with this User Agreement or any policy adopted by Benchmark.

Exchange Policy

Because we at Benchmark want you to be completely satisfied with your purchase, in the event you are not pleased with your purchase we will exchange it so long as it remains in its original packaging and condition, and it is returned within 14 business days of delivery. To initiate an exchange, simply call a Benchmark customer service representative at 585-520-7734.

Cancellation & Return Policy

Benchmark accepts returns & cancellations on all products within 14 business days of delivery, subject to the following fees:
The product must remain in its original packaging and condition to be eligible for return. Returns are typically completed within 1-3 business days. Shipping charges are non-refundable. Returns must be requested via telephone at 585-520-7734.

Default; Rights and Remedies

Benchmark may cancel any of your existing orders if at any time you fail to comply with any terms of this User Agreement. If Benchmark cancels your order for any reason other than non-payment, your exclusive remedy and Benchmark’s entire liability, if any, for such cancelled order is the refund of the amount that you paid less any cancellation fee incurred. Additionally, Benchmark may apply any of your funds in its possession to pay any of your monetary obligations to Benchmark, and may suspend or terminate Your account. The suspension or the termination of Your account shall not affect Your obligations under this User Agreement. You expressly authorize Benchmark to charge your credit card for all such amounts.

In addition, upon any failure by You to comply with Your obligations to Benchmark, Benchmark shall have all of the rights and the remedies available to Benchmark, whether at law, in equity, or otherwise, including without limitation, rights and remedies under this User Agreement. Without limiting or waving any of such rights and/or remedies, Benchmark may turn Your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Benchmark in exercising any right or any remedy shall operate as a waiver of such right or such remedy, and any partial exercise of any right or any remedy shall not rule out or constitute a waiver of further exercise of that right or that remedy, or the exercise of any other right or any other remedy.

Costs and Expenses of Collection

If Benchmark must take any action against You to enforce Your obligations under this User Agreement, including, without limitation, turning Your account over to a collection agency or a lawyer for collection, You shall pay all of the costs and the expenses incurred by Benchmark, including, without limitation, reasonable attorneys' fees, in connection with such action.

Limitation of Liability

You are subject to the Disclaimers contained in this User Agreement, and the limitations of liability and other policies adopted by Benchmark, all as set forth herein. In the event that, notwithstanding such limitations of liability and Disclaimer, Benchmark is determined to be liable to You in connection with any transaction between Benchmark and You, or Your use of this Website, Your exclusive remedy and Benchmark’s entire liability, if any, for any claims arising out of such transaction or Your use of this Website shall be limited to the greater of one of the following: (1) the amount, if any, that You paid in the transaction; or (2) $100.

IN NO EVENT SHALL BENCHMARK OR ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY(S), DIRECTORS, OFFICERS, OR MANAGERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTION BETWEEN BENCHMARK AND YOU (EXCEPT AS SET FORTH HEREIN), OR THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

Force Majeure

If Benchmark cannot perform any of its obligations hereunder as a result of any event that is beyond its control, Benchmark's delay or failure to perform such obligation shall be excused and Benchmark shall not be liable to You, for damages or otherwise, as a result of, or in connection with, such delay or such failure.

Requests for Additional Information

You hereby agree to, and shall, execute and deliver such other documents, provide additional information, and take such other actions as may be reasonably requested by Benchmark to carry out this User Agreement.

Forum Selection

Any proper court located in Monroe County, New York shall have exclusive jurisdiction of all disagreements and/or disputes between Benchmark and You. Any action to resolve such disagreements or disputes must be brought exclusively in such courts. You hereby waive all objections to the jurisdiction of such courts, and You consent to the personal jurisdiction of those courts for the purpose of resolving such disagreements or disputes.

Choice of Law

This User Agreement shall be governed by, and interpreted in accordance with, the laws of the state of New York, without regard to conflict of laws principles.

Waiver of Jury Trial; Arbitration

Both Benchmark and You waive the right to trial by jury in connection with any disagreement or dispute resulting from, or in connection with, this User Agreement and/or any transaction between You and Benchmark.

Absence of Relationship

The sole relationship between Benchmark and You is a purchaser-seller relationship. No other relationship between Benchmark and You exists, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship.

Assignment

You may not assign this User Agreement or any of Your rights or Your obligations under this User Agreement without the prior written consent of Benchmark, which may be granted or withheld by Benchmark in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Benchmark and You.

Termination

Either Benchmark or You may terminate this User Agreement, with or without cause, at any time by written notice to other party. The termination of this User Agreement shall not affect the rights and the obligations of Benchmark and You with respect to the period prior to the termination.

Privacy Policy

Privacy Philosophy
Benchmark respects your privacy and any information you give us is held in the utmost care and security. Benchmark does not sell, rent, loan, or share any information regarding its customers to any third party.

Use of Information Gathered

Benchmark will not collect any personal information about you except when specifically and knowingly provided by you. Examples of such information are your name, postal address, email address, phone number, and payment information. This information is required to complete your orders. Benchmark does not share or sell any personally-identifiable information.

Benchmark uses analytics solutions including Google Analytics to collect anonymous data about your interactions with our website. These analytics features use cookies and other identifiers to collect anonymous data related to your use of our website (for example, your IP address, web pages viewed, and purchases). The information gathered allows us to improve our website and your customer experience. You can opt-out of allowing Benchmark to collect this information via Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.

Reviews, Comments, and other Content


If you do submit material, and unless Benchmark agrees in an executed signed writing otherwise, you grant Benchmark a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Benchmark and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Benchmark for all claims resulting from content you supply. Benchmark takes no responsibility and assumes no liability for any content submitted by you or any third party.

Subject to Applicable Laws and Regulations

Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with their local laws. Although this Website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited