BAYweb Terms of Service
The following Terms of Service (TOS) are between you and Bay Controls, LLC, located at 6528 Weatherfield Ct., Maumee, Ohio, hereinafter (""Bay""), and constitute a legal agreement that governs your use of the BAYweb products, software, services and websites (collectively referred to as the Service). You must accept these TOS before you can use the Service.
Bay may provide the Service pursuant to a previously executed BAYweb Purchase Agreement, in which case the terms and conditions of the BAYweb Purchase Agreement take precedent over these TOS.
If you do not agree to all of the following terms, do not create an account or use the Service. You should print or otherwise save a copy of these TOS for your records.
To use and/or create an account for the Service you must be: a) of legal age to form a binding contract with Bay, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.
Bay may update or change these TOS from time to time. If the TOS is modified you will be notified pursuant to the Notices section contained herein.
Use of the Service requires one or more BAYweb devices, web browser software and Internet access. High speed Internet access is strongly recommended. The Service is available in the English language.
Changing the Service
Bay reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Bay may post on our website and/or send email to your BAYweb account, notice of such changes to the Service. It is your responsibility to review our website and/or check your BAYweb email address for any such notices. You agree that Bay shall not be liable to you or any third party for any modification or cessation of the Service.
Service Cost and Fees
Use of the Service is included with hardware purchase. There are no initial or ongoing fees to use the Service.
In the event that Bay terminates or permanently stops the Service, Bay will make the Service source code available to all registered BAYweb device owners upon request.
Limitations on Use
You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Violations of the TOS may result in termination of your account.
When you accept these TOS and complete the BAYweb create account process, you become the BAYweb Account owner and Account administrator. You are responsible for all activity that takes place on your Account, including activity of any users you create and authorize to access your account. Your account may have multiple users with administration privledges if desired. The Member Account must have at least one active administrative user. All users with administrative privledges become co-owners of the account, authorized to make all decisions regarding the Member Account.
Upon creating your User ID you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User ID. If you suspect or become aware of any unauthorized use of your account please contact BAYweb Support.
You agree that you are responsible for creating and maintaining, and for the activity of, all additional users of your account. You shall grant additional users only the minimum permissions necessary for the user to perform their job function. You shall take all reasonable steps to insure all account users select strong passwords, and to keep the passwords confidential and secure.
You agree that all information you provide to Bay during the registration process (Account Information) will be true, accurate, complete and current information, and that you shall maintain and update the Account Information as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Account Information may result in the suspension and/or termination of your account.
No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
Access to Your Account Content
You acknowledge and agree that Bay may access, use, preserve and/or disclose your account information and content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Bay, its users or the public as required or permitted by law.
The Service retains data acquired from your BAYweb devices as follows:
All of the retained data is deleted upon removal of your account.
- Sensor and operation log data is retained for the previous 7 days.
- Alert log data is retained for the previous 90 days.
- Averaged hourly resolution data is retained for the previous 365 days.
- Averaged daily resolution data is retained indefinitely.
Bay, the Bay logo, BAYweb, the BAYweb logo and other Bay trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Bay Controls, LLC. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Bay's Proprietary Rights
You acknowledge and agree that Bay and/or its licensor's own all legal right, title and interest in and to the Service, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. This assurance and commitment shall survive termination of this Agreement.
Termination by You
You may terminate your account and/or stop using the Service at any time. To terminate your account select the ""Remove Account"" button on the account settings.
Termination by Bay
Bay may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Service to you is or may become unlawful; (e) your participation in fraudulent or illegal activities.
Any such termination or suspension shall be made by Bay in its sole discretion and Bay will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Effects of termination. Upon termination of your account you lose all access to the Service and any portions thereof. In addition, Bay shall delete all information and data stored in or as a part of your account.
Links and Third Party Materials
Certain Content, components or features of the Service may include materials from third parties and/or hyper links to other web sites, resources or Content. Because Bay may have no control over such third party sites and/or materials, you acknowledge and agree that Bay is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Bay shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN ""AS IS"" AND ""AS AVAILABLE"" BASIS. BAY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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. IN PARTICULAR, BAY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BAY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF Bay HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (IV) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold Bay, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensor's harmless from any claim or demand, including reasonable attorneys fees, made by a third party, relating to or arising from: (a) your use of the Service; (b) any violation by you of these TOS; or (c) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, and that these TOS apply to any and all usage of your account. You agree to comply with these TOS and to defend, indemnify and hold harmless Bay from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.
Bay may provide you with notices regarding the Service, including changes to these TOS, by email to your BAYweb email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Bay shall be governed by the laws of the State of Ohio, excluding its conflicts of law provisions. You and Bay agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lucas, Ohio, to resolve any dispute or claim arising from these TOS.
These TOS constitute the entire agreement between you and Bay, governing your use of the Service and completely replace any prior agreements between you and Bay, with the exception of any previously executed BAYweb Service Agreements, in relation to the the Service.
If any part of these TOS 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 failure of Bay to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.
Last revised: November 12, 2015
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