Effective Date:
By accessing or using the BalancePoint software ("Software"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Software.
THE SOFTWARE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. THE DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE USER'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE DEVELOPER'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY THE USER FOR THE SOFTWARE LICENSE.
BY USING THIS SOFTWARE, THE USER ACKNOWLEDGES AND AGREES THAT ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE USER FURTHER AGREES THAT THE SOFTWARE IS NOT GUARANTEED TO PRODUCE SPECIFIC RESULTS, INCLUDING BUT NOT LIMITED TO ENERGY SAVINGS, AND THAT ANY RELIANCE ON THE SOFTWARE'S CALCULATIONS IS AT THE USER'S OWN RISK.
The user acknowledges that the Software is a tool intended to assist in estimating energy savings and that the accuracy of its calculations depends on the data input by the user and other external factors. The user assumes all risks associated with the use of the Software and agrees that the developer shall not be held responsible for any errors, omissions, or inaccuracies in the Software's output.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Tennessee. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts of the State of Tennessee.
We reserve the right to modify these Terms of Service at any time. Continued use of the Software after any changes constitutes acceptance of the updated terms.