TERMS AND CONDITIONS
This website is operated by Benchmarkoutfitter.com LLC (“Benchmark Outfitter”, “we” or “our”). These Terms and Conditions govern Benchmarkoutfitter.com, Benchmark Outfitter, the Benchmark Outfitter app, and any other website or mobile app operated by Benchmark Outfitter (the “Website”). By using or interacting with the Website or making a purchase from the Website, you are agreeing to the following Terms and Conditions.
By using our Website, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Website with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms and Conditions; otherwise, please exit the Website.
If you make a purchase at the Website, your purchase will be charged to your method of payment, which you agree to pay consistent with the applicable agreement with the provider of that method. Your purchase is subject to these Terms and Conditions, the Benchmark Outfitter Shipping Policy. and Benchmark Outfitter Returns Policy, which are hereby incorporated into and made part of these Terms and Conditions. By submitting payment information in connection with any such purchase, you agree to these Terms and Conditions and the policies incorporated by reference.
Availability of merchandise on our Website is not guaranteed. If merchandise is not available by the time your order processes, we will notify you via email. You can verify availability by calling Customer Support at 1.513.791.9453 or emailing [email protected]. You will receive a shipping confirmation email once your items have shipped.
All merchandise features and specifications described or depicted on the Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of merchandise, including the applicable colors; however, the actual color you see will depend on your monitor or mobile device, and we cannot guarantee that your computer will accurately display such colors.
The prices displayed on our Website may differ from prices that are available in stores, and may differ from store to store.
Accuracy of Information
Information on our Website may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have completed the checkout process).
Order Offer and Acceptance
Product listings are not an offer. They are an invitation for you to make an offer to purchase that item. Completing the checkout page creates such an offer by you. Benchmark Outfitter accepts that offer by completing the shipment of your order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your offer, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your offer to accept or decline your offer for any reason or for no reason at all. Among other things, if we discover a pricing error on our website, we reserve the right to refuse to sell the product to you at the listed price. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.
Prices and Errors in Prices
The product listing pages on our website make a good faith effort to list the prices that we intend to charge upon receipt of an offer from you. But despite our efforts, errors can occur. In the event of such an error, we reserve the right to decline to sell the product to you at the listed price, even if you have completed the checkout process.
Sales tax will be determined and charged as of time of shipping on orders shipped within the US, except Alaska, Delaware, Montana, New Hampshire, and Oregon. Sales tax shown in the checkout process may be incorrect in amount or application. We reserve the right to make an adjustment to the amount charged at any time to reflect the correct sales tax amount regardless of what is shown in the checkout process. In the event of errors in our sales tax calculation process, we reserve the right to collect estimates of sales tax and to later adjust the associated charges in an upward or downward reconciliation. No sales tax is charged on the purchase of a Gift Card.
You acknowledge that all materials at the Website, including the Website's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Benchmark Outfitter and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms and Conditions are reserved to their respective copyright owners. Benchmark Outfitter authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms and Conditions, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Benchmark Outfitter or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website are the sole property of Benchmark Outfitter and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Benchmark Outfitter and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Benchmark Outfitter and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Benchmark Outfitter. Benchmark Outfitter reserves the right to enforce its intellectual property rights to the fullest extent of the law.
Third Party Websites
Links at the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Benchmark Outfitter does not control or endorse any such third party websites. You agree that the Benchmark Outfitter Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Benchmark Outfitter expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
You are required to establish an account at the Website in order to take advantage of certain features of this Website, such as making a purchase. If you provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Benchmark Outfitter has reasonable grounds to suspect that such information is false, inaccurate or outdated, Benchmark Outfitter has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Benchmark Outfitter of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Benchmark Outfitter. The Benchmark Outfitter Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website.
You further agree that you will not access this Website by any means except through the interface provided by Benchmark Outfitter for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Benchmark Outfitter is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of Benchmark Outfitter is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
Benchmark Outfitter makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not the Benchmark Outfitter Parties, are responsible for compliance with applicable local laws.
User Comments, Feedback and Other Submissions
We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Website, by e-mail, via social media or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain property of Benchmark Outfitter and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
We respect the intellectual property rights of others, and require that the people who use the Website do the same. We may terminate the use privileges of users who are repeat infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
You agree that Benchmark Outfitter may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Benchmark Outfitter, in its sole discretion, believes is in violation of these Terms and Conditions or any applicable law or is harmful to the interests of another user or the Benchmark Outfitter Parties. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Warranties, Disclaimers and Limitations of Liability," Indemnification," "Applicable Law and Jurisdiction" and "User Content and Conduct" sections of these Terms and Conditions.
Benchmark Outfitter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that Benchmark Outfitter Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.
Warranties, Disclaimers and Limitations of Liability
You expressly understand and agree that:
Your use of the website is at your sole risk. The website and the materials contained herein are provided on an "as is" and "as available" basis. Except as otherwise expressly provided in these Terms and Conditions, Benchmark Outfitter, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees and other representatives (collectively, the "Benchmark Outfitter parties"), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Benchmark Outfitter parties make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.
All products and services purchased on or through the website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the Benchmark Outfitter parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the website. Without limiting the generality of the foregoing, the Benchmark Outfitter parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
The Benchmark Outfitter parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Benchmark Outfitter and you. The products, information and services offered on and through the website would not be provided without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of the Benchmark Outfitter parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Benchmark Outfitter on this website.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
You agree to indemnify, defend and hold harmless the Benchmark Outfitter parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms and Conditions, your infringement or violation of any rights of another, or termination of your access to the Website.
Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of the Website or these Terms and Conditions shall be brought exclusively in the Federal or State Courts residing in New York, New York.
To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
These Terms and Conditions constitute the entire and only Terms and Conditions between Benchmark Outfitter and each user of the Website with respect to the subject matter of these Terms and Conditions.
If any provision of these Terms and Conditions be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Benchmark Outfitter parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions.
Last updated December 2, 2022
Thank you for visiting the Benchmark Outfitter website. We are committed to providing a safe and personalized online shopping experience. This commitment includes using your personal information to fulfill those goals and respecting and protecting the privacy of your personal information.
Your California Rights (California Consumer Privacy Act)
If you are a California resident, the California Consumer Privacy Act provides you with the following rights with respect to your Personal Information:
When you exercise these rights and submit a request to us, we will verify your identity by asking you to log in to your account if you have one with us. Or if you do not, we may ask for your email address, order numbers of previous orders, or other information we think would allow us to verify your request. Saks also may use a third party verification provider to verify your identity.
The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our goods or services.
California Privacy Rights on Direct Marketing (Shine the Light Requests)
If you are a California resident, the California Shine the Light law gives you the right to request information about our disclosure of Personal Information to third parties or affiliated companies for their direct marketing purposes. This information would be included in a response to a request to know as set forth above, so you may elect to make that request. Or to make a shine the light request, please submit a written request to the following email address specifying that you want a copy of Benchmark Outfitter "California Privacy Rights" notice: [email protected] . Please include "Attn: California Privacy" in the subject line. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Please allow up to 30 days for us to process your request. You may submit such a request once per year.
Non-affiliated third parties are independent from Benchmark Outfitter and if you wish to receive information about your disclosure choices or stop communications from such third parties, you will need to contact those non-affiliated third parties directly.