This End User License Agreement (this "**Agreement**" or "**EULA**") is a legally binding agreement between you ("**you**," "**your**," or "**User**") and **Benchmark Group of Companies, LLC** ("**Benchmark**," "**Company**," "**we**," "**us**," or "**our**"), governing your access to and use of the Benchmark platform, websites, software, and related services (collectively, the "**Platform**").
BY ACCESSING, INSTALLING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement.
Subject to your compliance with this Agreement, Benchmark grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purpose.
This license does not grant you any right to:
- resell, sublicense, lease, rent, or distribute the Platform;
- modify, adapt, translate, or create derivative works of the Platform;
- reverse engineer, decompile, or disassemble any portion of the Platform; or
- use the Platform for the benefit of any third party not authorized by Benchmark.
To use certain features of the Platform, you may be required to create or be issued an account. You agree to:
- provide accurate, current, and complete information when creating an account;
- keep your account credentials confidential and secure;
- be responsible for all activity that occurs under your account; and
- promptly notify Benchmark of any unauthorized access or suspected security breach.
You must be at least 18 years of age and legally capable of entering into a binding contract to use the Platform.
You agree to use the Platform only for lawful purposes and in compliance with this Agreement. You agree that you will **not**:
- use the Platform in violation of any applicable federal, state, local, or international law or regulation;
- use the Platform to engage in fraudulent, deceptive, or misleading conduct;
- attempt to bypass, disable, or interfere with any security, authentication, or access control feature of the Platform;
- introduce viruses, malware, or other harmful code into the Platform;
- access or attempt to access any account, data, or system you are not authorized to access;
- use any automated means (such as bots or scrapers) to access the Platform without prior written consent;
- interfere with or disrupt the operation of the Platform or the servers or networks connected to it; or
- use the Platform in any manner that infringes the intellectual property, privacy, or other rights of Benchmark or any third party.
You retain ownership of any content, information, or data you submit to the Platform ("**User Content**"). By submitting User Content, you grant Benchmark a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display the User Content as necessary to operate, maintain, and improve the Platform.
You represent and warrant that you have all rights necessary to submit your User Content and that it does not violate any law or third-party rights.
Your use of the Platform is also governed by our Privacy Policy, available at https://benchmarkgoc.com/utility-pages/privacy-policy, which is incorporated by reference into this Agreement. Please review the Privacy Policy to understand how we collect, use, and share information.
The Platform may integrate with or rely on third-party services, software, APIs, or content (collectively, "**Third-Party Services**"). Your use of any Third-Party Service is governed by that third party's terms and policies. Benchmark is not responsible for the availability, accuracy, security, or operation of any Third-Party Service, and Benchmark makes no representations or warranties regarding any Third-Party Service.
The Platform, including all software, code, designs, logos, text, images, documentation, and other materials, is owned by Benchmark or its licensors and is protected by United States and international intellectual property laws. All rights not expressly granted to you in this Agreement are reserved by Benchmark and its licensors.
"Benchmark," the Benchmark logo, and other Benchmark trademarks are the property of Benchmark Group of Companies, LLC. You may not use them without our prior written consent.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BENCHMARK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BENCHMARK DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. YOU USE THE PLATFORM AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BENCHMARK, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM, EVEN IF BENCHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BENCHMARK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Benchmark's liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Benchmark and its affiliates, officers, directors, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of: (a) your breach of this Agreement; (b) your violation of any applicable law or the rights of any third party; or (c) your misuse of the Platform.
This Agreement is effective when you first access or use the Platform and continues until terminated.
Benchmark may suspend or terminate your access to the Platform at any time, with or without cause and with or without notice. You may terminate this Agreement at any time by discontinuing all use of the Platform.
Upon termination, the license granted in Section 1 ends immediately, and you must stop all use of the Platform. Sections 4 (Your Content and Data), 7 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Governing Law), and any other provisions that by their nature should survive will survive termination.
This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to this Agreement will be the state or federal courts located in Dallas County, Texas, and the parties consent to the personal jurisdiction of those courts.
Benchmark may update this Agreement from time to time. If we make a material change, we will provide reasonable notice (for example, by updating the "Last Updated" date above and, where appropriate, notifying users). Your continued use of the Platform after the effective date of the updated Agreement constitutes acceptance of the changes.
**Entire Agreement.** This Agreement, together with the Privacy Policy and any other documents incorporated by reference, constitutes the entire agreement between you and Benchmark regarding the Platform.
**Severability.** If any provision of this Agreement is held to be unenforceable, the remaining provisions will remain in full force and effect.
**No Waiver.** Benchmark's failure to enforce any provision of this Agreement is not a waiver of its right to do so later.
**Assignment.** You may not assign this Agreement without Benchmark's prior written consent. Benchmark may assign this Agreement freely.
**No Third-Party Beneficiaries.** Except as expressly stated, this Agreement does not create any third-party beneficiary rights.
If you have questions about this Agreement, please contact us at:
**Benchmark Group of Companies, LLC**
Email: contact@benchmarkgoc.com
Website: https://benchmarkgoc.com
*© 2026 Benchmark Group of Companies, LLC. All rights reserved.*
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