Effective September 22, 2009

BENCHMARK CATERING, LLC (BENCHMARKCATERING.COM) IS A PROVIDER OF MOBILE FOOD AND BEVERAGE CATERING SERVICES SERVICES BY MEANS OF INDEPENDENT CONTRACT.

This document (the "Agreement") is a legal contract between Benchmark Catering, LLC, a Kentucky Limited Liability Company (hereinafter referred to as "Benchmark Catering" or the "Supplier" or "we" or "us") and the users of the Benchmark Catering website available at benchmarkcatering.com (the "Website"). Reference to "you", "your", or "Client" identifies the individual or duly represented legal entity who accesses the Website and/or requests Catering Services. The terms outlined herein will apply to you if you access the Website. If you are unwilling or unable to agree to these terms and conditions, do not attempt to access the Website. All rights not expressly granted to you in this Agreement are reserved to Benchmark Catering and/or its assigns, licensors or other third-party rights holders.

Benchmark Catering is engaged in the business of providing food and beverage catering services (the "Catering Services") for individuals and firms.

AMENDMENTS

Benchmark Catering may from time to time modify this Agreement without notice. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop accessing the Website immediately. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.

AGE REQUIREMENT

You must be at least 18 years of age to enter into this Agreement.

DESCRIPTION OF CATERING SERVICES

Should you engage Benchmark Catering to provide any combination of Catering Services, an independent contractor relationship will be established (the "Catering Relationship", whereas Benchmark Catering acts as the "Supplier" of Catering Services and you act as the "Client").

PRIVACY

You hereby agree to the terms and conditions set forth in our Privacy Policy.

CHARGES / BILLING / REFUND POLICY

Upon the establishment of a Catering Relationship, you understand that Supplier will invoice Client based on payment terms outlined in the Catering Relationship Agreement. Client agrees to honor valid and correctly rendered invoices within five (5) business days of receipt, excluding holidays in the United States.

Due to the nature of our work, we do not offer refunds.

INTERNATIONAL CONSIDERATIONS

Currently, the Website is only localized for use within the United States. You understand and acknowledge that you may sign up for, access, or attempt to access or use the Service from countries outside of the U.S.

COPYRIGHT INFORMATION

The Website and Catering Services contain(s) and/or comprises copyrighted or other proprietary subject matter, and your use of it is governed by this Agreement and applicable law. You may not alter, merge, modify, adapt or translate the Website, or decompile, reverse engineer, disassemble, or otherwise reduce any components of Catering Services to a human-perceivable form. You may not sell, rent, lease, or sublicense the Service. You may not modify the Service or create derivative works based upon the Service. You may not export the Service into any country prohibited by the United States Export Administration Act and the regulations hereunder.

Benchmark Catering respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service constitutes copyright infringement, please send notice to Benchmark Catering via electronic mail (support@benchmarkcatering.com). The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. 101 et seq.

Benchmark Catering actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

The illegal copying or distribution of property owned by Benchmark Catering is a crime. In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted material. Copyrighted material includes, but is not limited to, computer programs and accompanying multimedia, images, text, trademarks, patents, and trade secrets.

If Benchmark Catering receives a notice alleging that you have engaged in behavior that infringes the intellectual property rights of Benchmark Catering or a third party, Benchmark Catering may suspend or terminate any Catering Relationship, where applicable, without liability to refund and monies paid Benchmark Catering during the term of said Catering Relationship. Benchmark Catering shall have no liability or responsibility to you.

PROMOTIONS AND ADVERTISING

You agree that Benchmark Catering and/or its business partners reserve the right to run advertisements, using the Website and/or Catering Services as a medium, without payment to you. The timing, frequency, placement and extent of advertising by us within the pages or multimedia content comprising benchmarkcatering.com or Benchmark Catering and/or its business partners is subject to change and shall be determined by us at our sole discretion. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through benchmarkcatering.com or Benchmark Catering and/or its business partners including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.

LINKS TO THIRD-PARTY SITES

The Website and/or Catering Services may present links to third-party websites not owned or operated by Benchmark Catering. Benchmark Catering is not responsible for the availability of these sites or their content. You agree that Benchmark Catering is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.

REMEDIES

You agree that any unauthorized use of the Website and/or Catering Services, or any related technologies, would result in irreparable injury to Benchmark Catering and/or its affiliates or licensors for which monetary damages would be inadequate, and in such event Benchmark Catering, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Benchmark Catering, its affiliates and/or licensors may have under separate legal authority.

INDEMNITY

You agree to indemnify and hold harmless Benchmark Catering and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of this Agreement and your use of the Website and/or Catering Services or your actual or alleged violation of law or any third-party rights, including, but not limited to, intellectual property rights.

LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with Benchmark Catering with respect to your use of the Website. Upon establishment of a Catering Relationship, the terms agreed to by and among Benchmark Catering and you, the Client, will override any terms set forth in this Agreement. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Kentucky govern this Agreement and your use of the Service, excluding any conflict of laws provisions. You expressly agree that the courts in the Commonwealth of Kentucky (Fayette County) have exclusive jurisdiction and venue over any claim or dispute with Benchmark Catering.