Building Automation Products, Inc.
Terms of Service
Last Updated: January 20, 2025
Acceptance of Terms of Service and Privacy Policy
In consideration for accessing and using Blü-Test (the “App”) and the services, hardware, and other products provided by or through the App (collectively, “App Services”), you accept and agree to be bound by the terms and provisions of these Terms of Service located at: www.bapihvac.com (these “TOS”), and the Privacy Policy located at: https://www.bapihvac.com/privacy-policy (the “Privacy Policy”). The terms of these TOS and the Privacy Policy apply to, and govern, your use of all features and content contained within the App and your relationship with Building Automation Products, Inc. (“Building Automation,” “us,” “we,” or “our”).
Modifications to Terms of Service and Privacy Policy
You understand that the terms of these TOS and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the App or App Services. We reserve the right to modify this Terms of Service at any time without notice, so please review this Terms of Service frequently. When changes are made to this Terms of Service, we will revise the “last updated” date at the top of this Terms of Service.
If you disagree with any modification to the TOS or Privacy Policy, you must notify Building Automation in writing within the ten-day (10) time period described above and immediately discontinue use of any App Products.
Commercial Use License
Subject to and conditioned upon your timely payment of amounts when due and your ongoing compliance with these TOS, Building Automation hereby grants you a non-exclusive, non-sublicensable, and non-transferable license to access and use the App and App Services solely for your internal business and commercial purposes, not consumer or resale purposes, and subject to the terms and conditions set forth herein.
Adult Usage Only
The App is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the App, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Shipments and Delivery; Title and Risk of Loss
We will arrange for delivery of the products or services ordered through www.bapihvac.com according to the terms of your order. You will pay all shipping and handling charges specified in the App during the ordering process. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Unless you purchased shipping or delivery insurance through the App when placing your order (in which case risk of loss will be handled under the terms of such insurance), title and risk of loss shall pass to you upon Building Automation’s transfer of the products to the carrier and you agree to work with the carrier with respect to any claims for orders damaged in transit.
Secured Areas
Some portions of the App are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the App. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
You are responsible for maintaining the security of your Building Automation App account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Building Automation App account. You also agree that Building Automation is not responsible for any unauthorized use of your Building Automation App account or unauthorized payment methods. You may not share your login information with anyone (except to an authorized user of a company account). Other than for purposes of logging into you App account, Building Automation will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Building Automation.
You further agree to promptly notify Building Automation of any security breach relating to your App account. Such notices should be sent to: 750 N Royal Ave, Gays Mills, WI 5463 or email us at : [email protected]
Building Automation encourages all App users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords, and preventing the disclosure of passwords to any third parties.
Accuracy of Information Provided by You
You agree that all information you provide through the App or otherwise to Building Automation is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate, including your credit or debit card on file. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to 750 N Royal Ave, Gays Mills, WI 5463 or email us at : [email protected]
Failure to provide such updated information will constitute a material breach of the terms of these TOS and may lead to the suspension or termination of your account.
You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the App or otherwise to Building Automation. You further warrant that to the extent you provided personal data about a third party through the App or otherwise to Building Automation, you provided that third party with notice about the App’s TOS and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.
Code of Conduct
You agree that your use of App Services and products is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOS and the Privacy Policy. You agree to not use the App Services or anything related to the App Services or any other products or services offered by Building Automation for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited actions with respect to use of the App and any App Services include:
- Use the App in any manner that could damage, disable, overburden, or impair any App servers, or the network(s) connected to any App server, or interfere with any other party’s use and enjoyment of the App;
- Attempt to gain unauthorized access to the App, other accounts, computer systems or networks connected to any App server or to any of the websites linked to the App through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the App;
- Use data mining, robots, screen scraping or similar App gathering and extraction tools on the App;
- Use any metatags or any other “hidden text” utilizing any part of the App or Building Automation’s name, service or trademarks or trade dress without the express written consent of Building Automation ;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Use any material or information, including images or photographs, which are made available through the App in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Use the App in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the App, or any App Services or tools if you are not able to form legally binding contracts;
- Any attempt to copy or mirror the information, data, content, or coding from the App without first obtaining express written permission from the App administrator;
- Any attempt to reverse engineer or reconstruct any portion of the App;
- Failure to abide by, or breach of, Payment Processor’s terms of service or privacy policy or any other policies applicable to the App;
- Share your login information or allow third parties to utilize your login information to access any part of the App;
- Engage in any acts or omissions that Building Automation believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate; or
- Using the App or App Services for consumer or otherwise non-commercial purposes.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the App and App Services. You further agree to that to the extent you are using the App for the purposes related to Building Automation you will adhere to all applicable State and Federal laws and regulations.
Knowledge of TOS and Privacy Policy
If you are using App Services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these TOS and the Privacy Policy.
Breach of the Terms of Service and/or Privacy Policy
We reserve the right to cancel or terminate your use of App services if, in our sole discretion, you breach, or we reasonably believe you have breached these TOS or any other obligation to Building Automation. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOS and the Privacy Policy: (i) your failure to abide by any provision of these TOS and the Privacy Policy; (ii) your failure to pay any amounts due to Building Automation ; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by Building Automation.
If any of the foregoing events occurs and we deem it a material breach by you of these TOS and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Building Automation is not obligated to send any such notice of default and may immediately suspend or terminate your App account or services without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.
Use of Name
If you are a customer using the App or any App Services, you consent to Building Automation using your name and business name in advertising and promotional materials related to App Services.
Your Authority
You agree that you are of legal age and authority to enter into and be bound by the terms of these TOS and the Privacy Policy. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to Building Automation.
Maintenance/App Down Time
Building Automation reserves the right to perform maintenance on the App and App Services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Building Automation will attempt to communicate any expected prolonged system outage to App users in advance of such outage.
Building Automation is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of God, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Building Automation’s control.
Intellectual Property Rights
You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.
All content including but not limited to text, graphics, downloads and software included on this app is the property of Building Automation or its licensors and is protected by United States and international copyright laws.
You also grant Building Automation a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the App or otherwise provide to us. Such information will be used solely by us in conjunction with marketing the Website and its services.
Disclaimer of Warranties
Unless expressly noted otherwise on the App, Building Automation does not manufacture many of the products or services offered on our App. The availability of products or services through our App does not indicate an affiliation with or endorsement of any product, service, or manufacturer. We do not provide any warranties with respect to the products or services offered in our App. However, many of the products and services offered in our App are covered by the manufacturer’s warranty as detailed in the product’s description in our App and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
BUILDING AUTOMATION EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE APP AND ALL APP SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF BUILDING AUTOMATION, BUILDING AUTOMATION DOES NOT WARRANT THAT APP SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE APP OR ANY APP SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE APP SERVICES WILL OTHERWISE BE AVAILABLE OR ACCESSABLE AT ALL TIMES. WE FURTHER DISCLOSE AND DISCLAIM THE ACCURACY OF ALERTS, WHICH MAY NOT ALWAYS BE ACCURATE GIVEN POTENTIAL FAILURES IN HARDWARE, SOFTWARE, AND FURTHER, WE CANNOT GUARANTEE ALERTS WILL ALWAYS BE PROVIDED GIVEN POTENTIAL MALFUNCTIONS IN ELECTRONIC COMMUNICATION, EQUIPMENT MALFUNCTIONS, AND SOFTWARE BUGS. BUILDING AUTOMATION DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR ANY APP SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE APP OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF BUILDING AUTOMATION, BUILDING AUTOMATION PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE APP OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH BUILDING AUTOMATION.
BUILDING AUTOMATION DOES NOT WARRANTY OR GUARANTEE ANY OF THE APP’S USERS’ COMPLIANCE WITH LAW. BUILDING AUTOMATION IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE APP’S SERVICES ARE INVOLVED.
Customer Responsibilities
In addition to the other obligations in these TOS, you agree you retain sole responsibility for: (a) the provision of all information provided by you to Building Automation, including through the App, (b) the setup and maintenance of your computers, electronic systems, networks and internet or cellular connectivity (“Customer Systems”), (c) the security and use of your account login credentials, and (d) updating the App Services provided by Building Automation as updates become available.
Assumption of Risk
The App is intended for information purposes only. When you access the App, use App Services, download or upload content on the App, proceed to other websites linked to the App, or interact with the App in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Third Party Intellectual Property Rights
Various goods that may be available for purchase on the App may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Building Automation shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Third-Party Services and Software
Building Automation may make available third-party software and services, including plug-ins, extensions, and add-on applications, that integrate or interoperate with the App (each, a “Third Party Application”). By choosing to install, access, or enable a Third Party Application through your use of the Site and App Services, you acknowledge and agree that the third-party provider of such Third Party Application may acquire access to your data and information you submit through the App as required for the interoperation or integration of such Third Party Application, and that the Third Party Application shall be governed by its own terms and conditions with the third party provider and are not part of the App Services under these TOS. You assume full responsibility for any losses, costs, expenses or other damages arising from the use of or inability to use any Third Party Application. To the fullest extent permitted by applicable law, Building Automation disclaims all liabilities, including direct, indirect, incidental, punitive or consequential damages, with respect to your use of or inability to use any Third Party Application and the performance or non-performance of a Third Party Application. Building Automation has no obligation to monitor the Third Party Applications and does not control or endorse the content, messages or information found in the Third Party Applications.
ANY AND ALL THIRD PARTY APPLICATIONS AND EQUIPMENT ARE PROVIDED TO YOU “AS IS”, AND BUILDING AUTOMATION DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE RESULTS OF THE USE OF THE THIRD PARTY APPLICATIONS, OR THAT THE THIRD PARTY APPLICATIONS WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. BUILDING AUTOMATION HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND OTHER TERMS AND CONDITIONS WITH REGARD TO THE THIRD PARTY APPLICATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Some, but not necessarily all, third-party vendors/providers include: AWS, Heroku, MongoDB, Twilio, Sendgrid, Stripe, Auth0, and Github. This list is not exhaustive, and Building Automation reserves the right to engage with additional or different third-party providers.
Customer Support
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Building Automation provides email support for App customers. Support can be reached by sending an email to our customer support team at the email address displayed on the subscription info menu and provided in our email communications.
Indemnification
As a user of the App, you agree to release, indemnify, defend and hold harmless Building Automation and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOS or the Privacy Policy, your submissions to the App, your use of the App, the services provided through the App or otherwise by Building Automation to you, or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this App for their alleged violations of the law. Further, if Building Automation receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Building Automation for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies Building Automation may have in law or equity.
You agree that Building Automation shall have the right to participate in the defense of any claim asserted against Building Automation or involving the App. You also agree that Building Automation shall be entitled to retain a counsel of Building Automation’s own choosing at your cost. You further agree to notify Building Automation of your knowledge of any claim against Building Automation or involving the App. You agree to cooperate fully with Building Automation during such proceedings.
Automatic Payments in the Event of Default
If you provided payment information to Building Automation and sums are due and owing from you to Building Automation and you are in default of your obligations under these TOS, you authorize Building Automation to deduct any sums due and owing from your payment source(s) so long as Building Automation provided you with notice of your default and you failed to cure the default under the terms and conditions of these TOS.
Right to Refuse Service
Building Automation, in our sole discretion and without any liability to us, reserves the right to refuse service to you, any authorized user of the App, or any other person or entity through the App or otherwise.
Consent and Survival of Agreement
By using the App and App Services, you acknowledge that you have read and agree to be bound by all terms and conditions of these TOS and the Privacy Policy. You also agree to be bound by all amended terms and conditions of these TOS and the Privacy Policy. These terms of these TOS and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the App or its services.
Reports of Abuse
If you have any reason to believe that content in the App violates any law, that any user of the App is using the App or App Services to violate the law, or that any User is violating these TOS or the Privacy Policy, you may inform Building Automation in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. Building Automation may, but is not obligated, to conduct an investigation into the allegations. Building Automation reserves the right to remove accounts, content, or postings that from the App Building Automation, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Building Automation be liable to you for your failure to retain necessary records, nor will Building Automation’s retention or non-retention of records act to alleviate your duty under the law.
Termination of Services
You acknowledge and agree that we may terminate or block your use of the App or any App Services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOS or the Privacy Policy. You agree that upon such termination or discontinuance for any reason, Building Automation may delete all information related to you on or within the App and may bar your access to and use of App Services.
Notices and Communication
You authorize Building Automation and its sponsors and affiliates to communicate with you to the full extent allowed by the Building Automation’s Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to the App or Building Automation. If you do not wish to receive bulk e-mail notices or announcements from Building Automation, please send us an e-mail at: [email protected]. To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.
Notices that you send to us must be delivered via first class mail to the following address:
Building Automation Products, Inc.
750 N Royal Ave
Gays Mills, WI 54631
You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases made through the App are deemed made within the State of Wisconsin.
The terms and conditions of these TOS and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Wisconsin, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these TOS and the Privacy Policy was a contract wholly entered into and wholly performed within Wisconsin.
Except for injunctive relief, you agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these TOS, the Privacy Policy, or related to the Apport App Services provided by us to you shall be brought and maintained exclusively via arbitration (except for injunctive relief). Any Party seeking to pursue an action to arbitrate shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. Such arbitration shall be conducted, unless otherwise agreed by the Parties, by a single arbitrator, who shall be a former judge, exclusively in either (i) Minneapolis, Minnesota if you are accessing and using the App and App Services within the United States or outside of the United States (except Europe), or (ii) Dublin, Ireland if you are accessing and using the App and App Services exclusively within Europe. The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees. If injunctive relief is needed, the Parties agree to exclusively utilize (i) courts located in Minneapolis, Minnesota if you are accessing and using the App and App Services within the United States or outside of the United States (except Europe), or (ii) courts located in Dublin, Ireland if you are accessing and using the App and App Services exclusively within Europe. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation any action has been brought in an inconvenient forum.
Exclusive Remedy and Damages Cap
You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Building Automation related to the App, these TOS, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by Building Automation within the six (6) months prior to when your first claim first arose, or $100, whichever is less. IN NO EVENT SHALL BUILDING AUTOMATION BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, LOSS OF USE, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE APP, INABILITY TO USE THE APP, OR ANY OTHER HARM YOU CLAIM IN WHICH BUILDING AUTOMATION MAY BE RESPONSIBLE. FURTHER, IN NO EVENT SHALL BUILDING AUTOMATION BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATING TO CLAIMS COVERED BY THE PAYMENT PROCESSOR’S OR OTHER THIRD PARTIES’ TERMS OF SERVICE, PRIVACY POLICY, CONTRACT, OR WARRANTY, INCLUDING CLAIMS RELATING TO THE HANDLING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION PROVIDED THROUGH THE APP.
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the App and/or any services provided to you by Building Automation must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
Waiver of Jury Trial
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TOS OR THE PRIVACY POLICY, OR RELATED TO THE APP OR THE APP SERVICES.
Waiver of Class Action
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOS.
Prior Action Before Formal Claim
You agree that as a material provision of these TOS, you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOS and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.
No Third-Party Beneficiaries
Except as otherwise expressly provided herein, nothing in these TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under these TOS without the prior written consent from Building Automation. Any attempt by your creditors or another third party to obtain an interest in your rights under these TOS or the Privacy Policy is voidable at Building Automation’s option.
Successors and Assigns
Except as otherwise expressly provided herein, these TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
Non-Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Building Automation in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Building Automation’s election to not assert its rights under these TOS shall not preclude Building Automation from asserting its rights in the future.
Severability of Terms
If any provision of these TOS or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in these TOS, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.
Attorneys’ Fees
If Building Automation prevails in any action, suit, or proceeding arising from or based upon these TOS, Building Automation shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
Headings
The headings in these TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. The additional Privacy Policy Supplement for California Residents can be accessed by clicking here.
Building Automation Products, Inc.
750 N Royal Ave
Gays Mills, WI 54631
United States of America