These are the terms of use (“Terms of Use” or “Agreement”) applicable to our web site, which is accessible at www.baystatemilling.com and www.bsm.com, and which includes the extranet site (“Extranet”) accessible via our web site (collectively, “Site”).  The Agreement is a legally binding contract between Bay State Milling Company (“BSM,” “we”, “our,” or “us’) and anyone who accesses or uses the Site (“you” or “your”).

The Terms of Use is complemented by our Privacy Policy available at http://www.baystatemilling.com and our Extranet Terms of Use Agreement available at http://www.baystatemilling.com which applies to the Extranet portion of the Site (“Extranet Terms of Use”).

General Use of Site. The Site is intended for persons who are 18 years of age or older. If you are under 18, please do not use the Site.  Use of the Site is subject to these Terms of Use as they may be modified from time-to-time at our sole discretion without prior notice. By accessing or using any part of the Site, you agree to abide by (i) all applicable laws; (ii) the current Terms of Use; and (iii) any additional terms that might apply to a specific program accessible via, related to, or associated with the Site (collectively, “Program Terms”) which, together, constitute an agreement between you and us.  Your continued access or use of the Site following any changes to this agreement constitutes your acceptance of those changes.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT WITHOUT MODIFICATION, THEN DO NOT ACCESS OR USE THE SITE.

We reserve the right to restrict your access to our services, products and to your BSM account if you act in a manner that we deem to be inappropriate, fraudulent, deceptive, unfair and/or in violation of these Terms of Use.

You agree not to affect/interrupt or attempt to affect/interrupt the operation of this Site in any manner.  We may at any time and for any reason, in our sole discretion, modify or discontinue the Site or Site Content (as defined in the following section) or terminate or restrict your access to the Site.

The following activities are expressly prohibited without BSM’s prior written permission: (i) use of any robot, spider, other automatic device or manual process to monitor or copy the Site or any of its content; (ii) “mirroring” the Site or any content on any other server; and (iii) any action that imposes an unreasonable or disproportionately large load or interferes with the Site’s functioning.

Trademark, Copyright and Intellectual Property.  The Site and its content (including, without limitation, articles, text, photographs, illustrations, graphics, logos, video material, audio material, software, images, sounds, design, layout, look, appearance and graphics) (collectively, “Site Content”) are protected by copyright, patent, trademark and other intellectual property laws. The Site Content is owned or controlled by us, our suppliers, business partners and/or other third parties.  For example, the trademarks, service marks and logos of BSM are marks of BSM.  Additionally, this Site itself is protected by copyright as a collective work and/or compilation.  You may not reproduce, republish, distribute, sell, store on any other web site or other form of electronic retrieval system, or otherwise use any Site Content without our express permission. If you would like permission to use Site Content, please email us at infobsm@bsm.com.

Online Payments.  You may pay certain fees and invoices via an “Invoice Payments” link (and/or similar link) that is accessible via the Site.  However, any such transaction via such link is subject to the terms of use of our third party vendors and/or payment processors, not these Terms of Use.  Once you click on such link, you will no longer be on the Site.

 “Registered Users” and “Non-Registered Users.”  “Registered Users” are persons who have a valid registered account with us (as more fully described in our Privacy Policy).  Registered Users are required to set up (and maintain) such an account with a username and password.  Your username and password are for your own use only.  You are responsible for maintaining the confidentiality of this information, and you are responsible for all activities that occur under your account, username and/or password.

“Non-Registered Users” are persons who do not have a valid registered account with us.

References to Food-Types and Ingredients.  By referring or providing information about any particular food-type or ingredient, we are not making any specific claims, warranties or representations regarding the nutritional value, benefits, results, disadvantages or risks of any such food or ingredient.  Any information provided by us is for general information purposes only and is not intended as a substitute for professional medical or nutritional advice, treatment or diagnosis.

User Content.  We may post comments and other materials, communications, and content provided by a user (including the identity of such user) on the Site (“User Content”). We are not the publisher or author of User Content, and we may not screen User Content before it is posted. Notwithstanding the foregoing, you acknowledge that we have the right (but not the obligation) to review any User Content that you have submitted to the Site, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of these Terms of Use; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; and/or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any content at any time, for the reasons set forth above, for any other reason, or for no reason. You agree (and represent and warrant) that any User Content you submit will not be unlawful or infringe on the rights of others. You also agree to be solely responsible for any damages resulting from any User Content you submit. All User Content submitted to us will be treated as non-proprietary and non-confidential. By submitting User Content to us, you automatically grant us the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right to use, publish, reproduce, license, sublicense, distribute, sell, perform, translate, and display such User Content (including any drawings, images, sounds, video recordings, or other data embedded in the User Content and including adaptations and derivative works based on the User Content) for any purpose and in any manner or medium (now existing or hereafter developed).

Infringement Claims.  Just as we ask others to respect our intellectual property rights, we respect the intellectual property rights of others.  If you believe your work has been used in a manner on the Site that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:

Copyright Agent
Bay State Milling Company
100 Congress Street
Quincy, Massachusetts 02169

Email: infobsm@bsm.com

Please include all of the following in your notification:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
  2. A description of the work you claim has been infringed;
  3. A description of where the material you claim is infringing is located on the Site, including by providing a URL to the page containing the material (if applicable);
  4. Your address, telephone number, email address, and all other information reasonably sufficient to permit us to contact you;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Disclaimer of Warranties and Limitation of Liability. The Site may contain material that is offensive or otherwise objectionable to you.  The Site and all Site Content are provided on an “AS IS,” “AS AVAILABLE” basis to the full extent permitted by law. This means that we do not warrant that the Site or Site Content will be (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer or computer network. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR AT OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE (AND RELATED SERVICES, PRODUCTS, OFFERS, ETC.) ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. You acknowledge that the Site and Site Content may contain inaccuracies, typographical mistakes or other errors and we expressly exclude liability for any such inaccuracies, typographical mistakes or other errors to the fullest extent permitted by law.

NEITHER WE, NOR OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) ARE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO CONTENT LOCATED ON (OR ACCESSIBLE VIA) THE SITE, OR RELATED TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, LOST SAVINGS, GOODWILL OR DATA, THE PROVISION OF PERSONALLY IDENTIFIABLE INFORMATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF YOUR INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF BSM HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF: (I) ANY NEGLIGENCE OR GROSS NEGLIGENCE OF BSM; OR (II) ANY FAILURE OF AN ESSENTIAL PURPOSE; OR (III) WHETHER SUCH LIABILITY SOUNDS IN NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT OR ANY OTHER THEORY OF LEGAL LIABILITY. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE EXCLUDED DAMAGES, BSM’S LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BSM’S AGGREGATE LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).

It is strictly forbidden for you to create or introduce, or advise others to create or introduce, any type of virus or malware to the Site, which could (or will) cause damage or other harmful effects.

The content of the Site is only meant for informative purposes.  Therefore, no information, materials, or content contained in the Site shall constitute advice, or substitute for professional advice.

Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer or exclusion of certain liabilities.  To the extent that they are held to be legally invalid, disclaimers, exclusions, and limitations set forth in these Terms of Use do not apply; however, all other terms and conditions shall apply and remain in full force and effect.

Links and Communications with Third Party Sites. The Site may include links to other web sites (and/or web pages) and/or applications that are not maintained by us. We are not responsible for any information, functionality, or content of these web sites/pages and/or applications maintained by third parties, nor does the presence of the links on our Site mean that we endorse such web sites/pages and/or applications. Your communications with, or use or purchase of products or services from, such third parties directly are subject to the terms of use and privacy policy of such third party.

Indemnification.  You agree to defend us, indemnify us, and hold us harmless (as well as our affiliated entities together with our/their respective officers, directors, members, employees, agents, and representatives) from and against all the liabilities, claims, damages, and expenses (including reasonable attorney and professional fees and costs) arising out of your use of the Site; your failure to use the Site; your breach or alleged breach of these Terms of Use, any Program Terms, Extranet Terms of Use, or our Privacy Policy, or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

Acceptance and Changes.  By using the Site, you agree to accept the current Terms of Use.  We may modify these Terms of Use at any time without notice.  Your continued use of the Site now, or following any changes in these Terms of Use, will indicate acceptance by you of such rules, changes and/or modifications.

Applicable Law.  Your use of the Site (including the Extranet), these Terms of Use and the Extranet Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict or choice of laws rules. All claims and disputes arising out of any of the foregoing, other than action for specific performance or injunctive relief brought by us, shall be exclusively brought in the federal, state, or local courts located in the Commonwealth of Massachusetts, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Miscellaneous.  Failure by BSM to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use (together with our Privacy Policy and Extranet Terms of Use) constitute the entire agreement between you and BSM with respect to the Site (including the Extranet) and your use thereof and supersedes all prior agreements or understandings, whether written or oral, between you and BSM with respect thereto. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of BSM, its successors and assigns and you may not assign these Terms of Use or any of your rights and liabilities hereunder.

Effective: July 17, 2015

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