Terms & Conditions

These Terms and Conditions are an agreement (“Agreement”) between Benkho Market LLC., doing business as Benkho Market LLC (hereafter “Benkho Market LLC” “we”, “us”  or “our”) and each user (“User” “you” or “your”) of www.benkhomarketllc.com (the “Site”) or products or services made available by Benkho Market LLC, including Web Design services and any software related to the same (collectively, “Services”).

1. Acceptance

Your use of Benkho Market LLC Services is at all times subject to this Agreement and, if applicable, the Benkho Market LLC Services Agreement entered into between you and Benkho Market LLC (the “Services Agreement”).  You should read this Agreement and any applicable Services Agreement carefully and be sure you understand each agreement prior to using the Services.  Any use of Benkho Market LLC Services is deemed to be irrevocable acceptance of this Agreement.  If you do not agree to this Agreement, you should not use the Services, including the Site which you should immediately exit.  For purposes of this Agreement.

2. Personal Information

While performing its Services, Benkho Market LLC may collect personal information from individuals.  All such personal information obtained by Benkho Market LLC will be held, disclosed, and used by Benkho Market LLC as set forth in the Privacy Policy and in accordance with all applicable law.

3. Changes to the Terms of Service

Benkho Market LLC reserves the right, at our sole discretion, to revise or replace this Agreement at any time.  For instance, we may need to change this Agreement if a new feature is launched or a service is upgraded.  It is User’s responsibility to check for changes to this Agreement.  If you do not agree to the new terms, you must discontinue use of the Services.  If you continue to use the Services after the revised terms go into effect, then you have accepted the changes to this Agreement.

4. Duration of Services Agreement

The duration of Services, including effective date, initial commitment period, automatic renewals and expiration of Services (“Service Period”), will be governed by the underlying Services Agreement.

5. Payment

Where payment of fees is required for the usage of Benkho Market LLC Services, you agree to pay all fees for Services ordered from us as set forth in your Services Agreement.  Our fees are based on recommendations made and agreed upon through the onboarding process.

6. Refund Policy

At Benkho Market LLC, we understand that circumstances may arise where you are not fully satisfied with our services. As such, we accept refunds in the event that you are dissatisfied with the service provided. By accepting this Agreement, you acknowledge and agree that you have the right to request a refund for any fees paid for access and use of the Services offered by Benkho Market LLC if you are not satisfied with the service. We are committed to addressing your concerns and making every effort to resolve any issues you may encounter.

7. License and Use of Data

In consideration of payment for Services and subject to any limitations set forth in this Agreement, Benkho Market LLC hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to (1) include the Benkho Market LLC-provided code (together with any fixes, updates and upgrades provided to you, the “Benkho Market LLC Tracking Code”) in the HTML code for web page(s) that are properly registered for the Services and owned or operated by you, solely for the purposes of accessing and providing information to the Services and accessing information available from the Services with respect to such web page(s); (2) utilize any software related to the Services and/or (3) remotely access the Services to view and download your analysis and reporting stored on the Benkho Market LLC Site.  This license shall be valid only for the Service Period.

8. Prohibited Uses

You shall not use the Services: (1) in a manner inconsistent with this Agreement; (2) to copy, in whole or in part, except as part of a routine backup process for use exclusively by you (3) to modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable; (4) to combine or incorporate the software, or any part thereof, in any other programs; (5) to decompile or reverse engineer, or otherwise attempt to derive or gain access to the source code of the software or any part thereof; (6) to remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the software or related documentation, including any copy thereof; (7) for purposes of competitive analysis of the Services, including the software, or for any other purpose that is to Benkho Market LLC competitive disadvantage; or (8) for a use that would be illegal under laws that pertain to the jurisdiction in which the Services are being used.

9. License to User Data

As between User (the “Data Controller”) and Benkho Market LLC, you shall retain ownership of any information, data and statistics that Benkho Market LLC obtains from your website or authorized data sources via API, HTTP Posts, data imports, or other means, such as raw data and log files generated by and/or provided to the Services.  You hereby grant to Benkho Market LLC a royalty-free, non-exclusive, irrevocable, right and license to access any webpage on which you have installed the Benkho Market LLC Tracking Code and to access and log (a) any information concerning users’ actions, entries, or activities on your web page(s), (b) any information sent to you by users’ web browsers concerning users’ web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), (c) any data provided by your authorized order and contact sources, (d) any data provided by your authorized ad platforms, (e) any data provided by your authorized Google Analytics account, and/or (f) any data or other information you provide to Benkho Market LLC (collectively “User Data”) for the purposes of (i) providing you with analytics, reporting, and other functions related to the Services; (ii) analyzing and improving the Services; and/or (iii) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, Benkho Market LLC marketing and promotional purposes.  This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.  Once Services have been terminated, Benkho Market LLC will anonymize all personal information obtained from User.  You represent and warrant that you have all rights, licenses, and consents required to license User Data to Benkho Market LLC on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.  This includes your representation that you have disclosed through your privacy policy, or otherwise, how you use and share your customer and website visitor data for marketing purposes.

10. License to Posted Material

By posting any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material (“Material”) to the Benkho Market LLC Blog or any other public area, you hereby grant Benkho Market LLC an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display, or create derivative works from all or any portion of the Material.  You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.

11. Monitoring Services

Benkho Market LLC has no obligation to monitor the content of the Services.  Nonetheless, Benkho Market LLC reserves the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers.

12. Third-Party Sites

Benkho Market LLC Services may contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”).  We do not warrant the offerings of any of these entities or individuals.  Your use of a Third-Party Site or service will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. Your use of the Services may also include the use of applications that are developed or owned by a third party.  Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies.  We encourage you to read the terms and conditions and privacy policy of any third-party application, website, or service that you visit or use.

13. Ownership of the Services

Benkho Market LLC put a lot of effort into creating our Services including, the logo and all designs, text, graphics, pictures, information, and other content (excluding your content). We and/or our vendors and suppliers, as applicable, retain all right, title and interest in and to the Services, the Site and all information, content, software, analytics and other software and materials provided by or on behalf of us, including but not limited to all text, images, videos, logos, button icons, audio clips, and the look and feel of the website and our brands and logos, and any data compilations, including without limitation any data input by or on behalf of us or our third party providers, and any data to the extent processed by, or resulting as an output of, the Services, and all Services usage data, statistical data or aggregated data collected or reported with respect to the any part or all of the Services (“Benkho Market LLC Materials”).   Benkho Market LLC hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to use Benkho Market LLC Materials for the duration of the Services Agreement and subject to the provisions in Section 8.

In addition, unless otherwise stated, all content on the Site, is either Benkho Market LLC Materials or the property of third parties.  This content is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Benkho Market LLC grants you a revocable license, the scope of which is limited to viewing the content of the Site for whatever length of time you are viewing the Site.  You are not permitted or authorized to copy, re-publish, modify, or distribute any content on the Site.

14. Trademarks

The Benkho Market LLC name, the terms, 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 of Benkho Market LLC.  All other names, logos, product and service names, designs, and slogans used on or in connection with the Services are the trademarks of their respective owners.

15. Warranties

Benkho Market LLC shall provide the Services in a professional and workmanlike manner, but cannot guarantee the results of such services.  Except as expressly set forth in the preceding sentence Benkho Market LLC makes no representations or warranties, expressed or implied, with regard to the Services or this Agreement, including, but not limited to, implied warranties of merchantability and fitness for particular purpose or any warranty arising by operation of law, out of the course of dealing, custom or usage of trade.

16. Limitation of Liability

In no event will Benkho Market LLC be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused and regardless of the theory of liability, arising out of or related to the use of or inability to use the services, even if Benkho Market LLC has been advised of the possibility of such damages.  In no event will Benkho Market LLC aggregate liability arising out of or related to the Services or this Agreement exceed an amount equal to 50% of the management fee paid to Benkho Market LLC by you during any introductory term.  The foregoing limitations will apply even if the above stated warranties fail of their essential purpose.

17.  Indemnification

You shall indemnify, defend and hold harmless Benkho Market LLC from all costs, damages, expenses, fines, liabilities, losses, penalties and payments (including, but not limited to, fees and disbursements of counsel to Benkho Market LLC) resulting from, or relating to, (a) your failure to perform any obligation or assume any responsibility pursuant to this Agreement, the Privacy Policy or the Services Agreement, (b) any warranty or representation made by you in this Agreement, the Privacy Policy or the Services Agreement being untrue or misleading in any respect, (c) any unauthorized use of the Services by you, or (d) except to the extent Benkho Market LLC is grossly negligent or engages in intentional misconduct, any action taken, or not taken, by you or any third party in reliance on the Services.

18. Governing Law and Jurisdiction

This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws rules.  The state and federal courts located in Suffolk County, Massachusetts, shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement.  Each party hereby consents to the exclusive jurisdiction of such courts.  If there is any conflict or inconsistency between any provision of this policy and any provision of any applicable law, the latter shall control.

19. Users from Other Jurisdictions

The Services are controlled and operated by the Company from the United States.  If you are not a resident of the United States or you are located outside the United States, you should not use the Services unless you are in compliance with all applicable law.  If you choose to use the Services or provide information to us, please note that we may transfer Personal Information provided by you for processing in the United States.  By providing Personal Information to us for the purpose of setting up an account, obtaining Services, or placing you or your company on our contact lists, you consent to the transfer of Personal Information to the United States.  The transfer of that Personal Information to the United States is necessary for Benkho Market LLC to provide Services.

We do not represent or warrant that the Services, or any portion thereof, are appropriate, lawful, or available for use in any particular jurisdiction.  Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.

20. Waiver

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.  Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

21. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

22. Entire Agreement

This Agreement, the Privacy Policy and the Services Agreement, along with any other document referenced therein, constitute the entire agreement between you and Benkho Market LLC regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.  In the event, however, of a conflict between the Services Agreement and this Agreement or the Privacy Policy, the Services Agreement shall be the controlling document and shall take precedence. Any provision of this Agreement and the Services Agreement which is intended to apply after termination of such agreement shall survive the expiration or termination of the agreement and shall continue and thereafter remain in full force and effect. 

23. Force Majeure

Neither Party will be responsible for failure or delay of performance if caused by: any pandemic, quarantine, an act of war, hostility, or sabotage; act of God; electrical, Internet, or telecommunication outage that is not caused by the obligated Party; government restrictions; or other event outside the reasonable control of the obligated Party.  Each Party will use reasonable efforts to mitigate the effect of a force majeure event.

24. Expenses

Except as provided by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing this Agreement.

25.  Our Contact Information

All notices of copyright infringement claims, other feedback, comments, requests for technical support, and other communications relating to the Services, should be directed to:

30 N Gould St Ste R

Sheridan, WY 82801, USA

You may also contact us by email using the contact form on our website or:

Email: Contact@benkhomarketllc.com

For Business:

Email: Business@benkhomarketllc.com

Number Phone:

Call: +1 307 201 9145

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