Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS, AND SERVICES OFFERED BY BIOMASS CONTROLS PBC. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.BIOMASSCONTROLS.COM (THE “SITE”), MOBILE APPLICATIONS, AND SERVICES PROVIDED BY BMC (COLLECTIVELY, THE “SERVICES”).

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by additional hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Revised – 3/31/15

Your Rights
This Agreement gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
Revised – 3/31/15

Trademarks and Intellectual Property Disclaimer
Biomass Controls PBC (BMC), the BMC logo, and all product names appearing on our Site are among the trademarks and/or service marks owned by BMC, or its subsidiaries or affiliates, and no trademark or service mark or other license is granted in connection with the materials contained on any BMC Site.

Should you view the BMC Site and respond with information (excluding personal information, which is addressed under the Privacy Statement) including questions, comments or suggestions regarding the content of the BMC Site, such information shall be deemed to be non-confidential and BMC shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. BMC shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
Revised – 19 March 2020

Disclaimer of Warranties
BMC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ANY NATURE REGARDING THE INFORMATION OR THE PRODUCT TO WHICH THE INFORMATION REFERS. The information on this Site may include typographical inaccuracies.
Revised – 19 March 2020

Limitations of Liabilities
Under no circumstances will BMC. be liable to any person or business entity for any direct, indirect, special, incidental, consequential or other damages based on any use of BMC Services, this Site, or any other Site to which the BMC Site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information, even if BMC has been specifically advised of the possibility of such damages.
Revised – 19 March 2020

Entire Agreement/No Waiver
The Terms of Use stated herein and any additional Terms of Use supplied by BMC in other areas of the Site constitute the entire Agreement. No waiver by BMC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Revised – 19 March 2020

Correction of Errors, Omissions or Inaccuracies
BMC reserves the right to correct any errors, inaccuracies or omission and to change to update the information at any time without prior notice. BMC does not guarantee that any errors, inaccuracies or omissions will be corrected.
Revised – 19 March 2020

Enforcement/Choice of Law/Choice of Forum
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut.
Revised – 3/31/15