Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
For all communications made to or with Birchwood, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Birchwood will have no obligation to protect your communications from disclosure; (ii) we will be free to reproduce, use, disclose and distribute your communications to others without limitation.
This Service contains express or implied forward-looking statements, which are based on current expectations of management. These statements relate to, among other things, our expectations regarding management’s plans, objectives, and strategies. These statements are neither promises nor guarantees but are subject to a variety of risks and uncertainties, including scientific, business, economic and financial factors, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. Birchwood assumes no obligation to update any forward-looking statements appearing on this Service in the event of changing circumstances or otherwise, and such statements are current only as of the date they are made.
Birchwood may make improvements and/or changes to this website at any time. Although we attempt to periodically update information on this website, the information, materials and services provided on or through this website may occasionally be inaccurate, incomplete or out of date. Birchwood does not have a duty to update information contained in this website, and Birchwood will not be liable for any failure to update such information. We make no representation as to the completeness, accuracy or currency of any information on this website, and we undertake no obligation to update or revise the information contained on this website, whether as a result of new information, future events or circumstances or otherwise. It is your responsibility to verify any information contained in this website before relying upon it.
The contents of the Services, including all material, products, processes, technologies, images and graphics and information related to our products and services provided by this Service, including without limitation, any Birchwood product or service plan, software programs, software code, offerings, programs, white papers, ebooks, data sheets, knowledge base materials or other technical or marketing materials (collectively "Information"), are subject to intellectual property rights reserved by Birchwood, or its licensors, and are for informational and non-commercial or personal use only. The Service may contain hyperlinks to other websites that are controlled by third parties. Birchwood is not responsible for and does not endorse the contents or use of these websites. Your use of those third-party sites is subject to the terms and conditions of those sites and not these Terms.
Unauthorized use of any content from this Service may violate copyright, patent and trademark and trade dress laws, and other intellectual property rights and unfair competition laws.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.
Birchwood has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Birchwood or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Birchwood.
Birchwood has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Birchwood shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Birchwood and its parents, subsidiaries, affiliates, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from, in connection to or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation of Liability
Except where prohibited by law, in no event shall Birchwood, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
EXCEPT AS EXPRESSLY SPECIFIED ABOVE, BIRCHWOOD DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THIS SERVICE OR THE INFORMATION PROVIDED HEREIN.
Your use of this Service is at your own risk. All software and all updates or new versions that may be made available by Birchwood are provided subject to the additional terms, conditions and restrictions indicated in the appropriate contract. All Information provided on the Site is intended for informational purposes only. The documents and related graphics published on this Site could include technical inaccuracies or typographical errors and Birchwood assumes no responsibility for accuracy or completeness of the Information. Changes are periodically made to the Information and Birchwood may make additions, improvements or changes at any time without notice.
THIS SITE AND ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the State of New Hampshire and United States federal law, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at:
Birchwood Credit Services, Inc.
PO Box 436, North Conway, NH 03860