Terms and Conditions

This agreement applies as between you, the User of this website (www.iambench.com) and THE SECURITY BENCH, the operator(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the website after the date such revised Terms and Conditions are posted.

The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

  1. Intellectual Property
    1. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software is the property of THE SECURITY BENCH, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable Canadian and international intellectual property and other relevant laws.
    2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by IAM BENCH.
  2. Prohibited Uses
    1. You may use our website only for lawful purposes. You may not use our website:
      1. in any way that breaches any applicable local or international laws or regulations;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
      4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
      2. not to access without authority, interfere with, damage, or disrupt:
      3. any part of our website;
      4. any equipment or network on which our website is stored;
      5. any software used in the provision of our website; or
      6. any equipment or network or software owned or used by any third party.
  3. Restrictions
    1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
      1. not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our website or any of the contents therein for any commercial or other purposes;
      2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our website nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our website or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
      3. not to provide or otherwise make available our website in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
      4. to include our copyright notice on all entire and partial copies you make of our website on any medium;
      5. to comply with all applicable technology control or export laws and regulations; and
      6. not to disrupt, disable, or otherwise impair the proper working of the Services, our website or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering, or reprogramming.
  4. Links to Other websites
    This website may contain links to other sites. Unless expressly stated, these sites are not under the control of IAM BENCH or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them. 
  5. Privacy
    1. For the purposes of applicable data protection legislation, THE SECURITY BENCH will process any personal data you have provided to it in accordance Privacy Policy available on the THE SECURITY BENCH website or on request fromTHE SECURITY BENCH.
    2. You agree that, if you have provided THE SECURITY BENCH with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to THE SECURITY BENCH and (b) that you have brought to the attention of any such third party the Privacy Notice available on the THE SECURITY BENCH website or otherwise provided a copy of it to the third party. You agree to indemnify THE SECURITY BENCH in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
  6. Disclaimer
    1. THE SECURITY BENCH operates all services with the greatest possible care and reliability. It does not guarantee that the services are accessible without interruption and that the services or the desired connections are always accessible. This also applies in the event of disruptions occurring in the public telecommunications network between participants and the donation portal dial-in point and in the event of disruptions occurring in national and international network areas not operated by the donation portal.
    2. THE SECURITY BENCH shall be liable without limitation in the event of intent, fraudulent intent and gross negligence on the part of THE SECURITY BENCH, as well as in the event of personal injury as a result ofTHE SECURITY BENCH’ actions.
    3. In the event of a negligent breach of essential contractual obligations, THE SECURITY BENCH’ liability is limited to the amount of the typical and foreseeable damage. IAM BENCH’ obligations in this sense are the contractual main performance obligations, the fulfilment of which enable the proper execution of the contract concluded betweenTHE SECURITY BENCH and the donor. In this case, however, IAM BENCH shall not be liable for lost profit, indirect damage, consequential harm caused by a defect and/or claims by third parties.
    4. For all other cases, the liability of THE SECURITY BENCH is excluded.
    5. Since IAM BENCH cannot constantly monitor the contents of external websites for changes, THE SECURITY BENCH accepts no responsibility for the contents of such websites. This also applies to the contents of websites which in turn can be accessed via links on such sites. However, THE SECURITY BENCH has the right to block individual offers if conduct, uploaded content and submissions violate applicable laws and blocking is necessary in this respect.
    6. Furthermore, THE SECURITY BENCH shall not be held responsible if someone succeeds in unlawfully obtaining data of the donors and further using them. The assertion of claims for damages or consequential damages by donors or third parties against THE SECURITY BENCH or donors is excluded by mutual agreement in such a context.
    7. THE SECURITY BENCH makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
    8. No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
    9. The contents of this website are created with the greatest possible care. The author accepts no responsibility for the topicality, correctness, completeness, or quality of the information provided. Liability claims against the author, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of the author. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without separate announcement or to discontinue the publication temporarily or permanently.
  7. References and links
    In the case of direct or indirect references to external Internet pages (“links”), which are outside the author’s area of responsibility, a liability obligation would only come into force in the event that the author is aware of the contents, and it would be technically possible and reasonable for the author to prevent use in the event of illegal contents. The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. Therefore, the author hereby expressly distances itself from all contents of all linked pages that were changed after the link was set. This statement applies to all links and references set within the author’s own Internet offer, as well as to external entries in discussion forums and mailing lists set up by the author. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, the provider of the page to which reference is made shall be solely liable, not the person who merely refers to the respective publication via links. 
  8. Blog
    1. IAM BENCH blog and its contents have been compiled with the greatest possible care. However, IAM BENCH does not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on our blog.
    2. Liability claims against THE SECURITY BENCH, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on the part of THE SECURITY BENCH.
    3. THE SECURITY BENCH expressly reserves the right to change, supplement or delete parts of the pages or the entire blog without separate announcement or to discontinue the publication temporarily or permanently.
    4. All data is published conscientiously but without guarantee.
    5. Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction and translation, are reserved and require the written consent of THE SECURITY BENCH. Unauthorized use, even of extracts, will be prosecuted.
  9. Privacy
    1. For the purposes of applicable data protection legislation, we will process any personal data you have provided to us in accordance with our Privacy Policy.
    2. You agree that, if you have provided us with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to us and (b) that you have brought to the attention of any such third party the Privacy Policy available on our website or otherwise provided a copy of it to the third party.
    3. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
  10. Limitation of Liability
    1. To the maximum extent permitted by law, THE SECURITY BENCH accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
    2. Nothing in these terms and conditions excludes or restricts THE SECURITY BENCH’ liability for death or personal injury resulting from any negligence or fraud on the part of THE SECURITY BENCH.
    3. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  11. No Waiver
    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. 
  12. Previous Terms and Conditions
    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. 
  13. Law and Jurisdiction
    These terms and conditions and the relationship between you and THE SECURITY BENCHshall be governed by and construed in accordance with the Law of Canada and THE SECURITY BENCH and you agree to submit to the exclusive jurisdiction of the Courts of Ontario.
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