BAYweb Terms of Service

Acceptance of Terms

Welcome to BAYweb

The following Terms of Service (“TOS”) are between you and 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. You can accept these TOS by clicking a box that indicates you accept the Terms of Service. If you do not agree to any of the following terms, please do not click on the acceptance box. You should print or otherwise save a copy of these TOS for your records. "Bay" as used herein means Bay Controls, LLC, located at 6528 Weather Ct., Maumee, Ohio.

Legal Authority

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.

Updates

Bay may update or change these TOS from time to time. If the TOS is modified you will be required to accept the revised TOS before continuing to use the service. Bay may also email you notice of any such change to your BAYweb account.

Description of the Service

System Requirements

Use of the Service requires one or more BAYweb appliances or devices, certain 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.

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.

Use of the Service

Member Account

When you accept these TOS and complete the BAYweb create account process, you become the BAYweb “Account” holder. You are required to select a unique name upon sign up that will be used for your account (your “User ID”). You are responsible for all activity that takes place on your Account.

Account Security

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.

Registration Obligations

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 Right of Survivorship

You agree that your BAYweb account is non-transferable and that any rights to your User ID or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all Content within your account deleted.

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.

Bay Privacy Policy

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Bay’s Privacy Policy. For more information please read our full privacy policy on BAYweb.com.

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.

Payment Fees

You agree to pay all fees and charges specified when you registered for the Service and any part thereof. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.

Credit Card Authorization

You may be asked to provide Bay with a credit card number from a card issuer that we accept in order to activate premium levels of Service. Bay may seek authorization of your credit card account prior to your first purchase to validate that you can charge the applicable fees to access the Service.

Payment Method

Bay will charge the annual subscription fee and any other additional fees you authorize to the charge or credit card account provided by you. By authorizing Bay to charge a credit card for the fees associated with your subscription, you are authorizing Bay to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Bay of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize Bay, or any other company that acts as a billing agent for Bay, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide Bay updated information on your credit card upon Bay’s request and any time the information earlier provided is no longer valid. If payment is not received by Bay from your credit card issuer or its agents, you agree to pay all amounts due upon demand by Bay.

Cancellations and Refunds

All fees and charges paid by you in relation to the Service are nonrefundable, except as otherwise stated herein. Bay shall refund the applicable fees paid by you upon initial registration or renewal of the Service provided Bay receives such refund request within thirty (30) days of the billing date for any such fees.

Changes in Price

Bay may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.

Trademark Information

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, and any software provided to you as a part of and/or in connection with the Service (the “Software”), 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 (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

License From Bay grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Bay as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sub license, assign, grant a security interest in or otherwise transfer any right in the Software.

Export

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

Termination by You

You may terminate your account and/or stop using the Service at any time. To terminate your account contact BAYweb Support at BAYweb.com Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by these TOS), including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

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) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by Bay in its sole discretion, without any refund to you of any prepaid fees or amounts, 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.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

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.

Indemnity

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.

Notices

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.

Governing Law

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.

General

These TOS constitute the entire agreement between you and Bay, govern your use of the Service and completely replace any prior agreements between you and Bay in relation to the the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. 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.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS

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