Our Terms of Use
1. ABOUT THESE TERMS
These Terms of Use govern your use of bcgwater.com, the BCG Water client portal, and the phone, text message, and email communications we provide as part of our services. They are an agreement between you and BCG Water LLC (“BCG Water,” “we,” “us,” or “our”).
By using this website or the client portal, you accept these terms. If you do not accept them, do not use them.
These terms do not replace or reduce any written services agreement, contract, or scope of work between BCG Water and your organization. Where a signed agreement and these terms conflict, the signed agreement governs the services it covers.
2. WHO MAY USE THE CLIENT PORTAL
Portal access is provided to our clients and to the contacts a client designates. Access is created by BCG Water; there is no public sign up.
If you have portal access, you agree that:
You will use the account issued to you and will not share your credentials. You will tell us promptly if you believe your account has been used without your permission. You will access only the information belonging to the organization you represent. You will tell us when someone at your organization should no longer have access, so we can remove it.
We may suspend or remove access at any time, including when a person leaves the organization, when an agreement ends, or where we believe access is being misused.
3. WHAT THE PORTAL SHOWS, AND WHAT IT DOES NOT DECIDE
The client portal shows the records we hold for your system: log sheet entries, laboratory results, submitted reports, documents, monitoring data, and the obligations tracked against your permits.
Two things are important to understand.
First, the portal reflects what has been recorded. A reading that has not been taken, a result a laboratory has not returned, or a report not yet filed will not appear. The absence of an item is not a statement that nothing was required.
Second, compliance status is determined from filed records and from the judgment of qualified people, not inferred from a chart or a dashboard. Where the portal or any written interpretation we provide describes a reading, a trend, or a threshold, it is an observation and a professional aid. It is not a compliance determination, a regulatory finding, a certification, or legal advice. Regulatory determinations are made by the relevant agency.
4. YOUR RESPONSIBILITIES
You agree not to:
Use the website or portal for any unlawful purpose. Attempt to access data belonging to another organization, or to circumvent any access control. Probe, scan, or test the security of our systems without our written permission. Interfere with the operation of the website or portal, including by automated scraping, excessive requests, or introducing malicious code. Copy, resell, or redistribute the portal or its underlying software. Remove or obscure any proprietary notice.
You are responsible for the accuracy of information you provide to us, including readings you record, contact details, and the identity of the people you authorize.
5. CLIENT DATA AND CONFIDENTIALITY
Operational and compliance records about your system belong to your organization. We hold them in order to perform our services and to meet the recordkeeping obligations that apply to them.
We treat your information as confidential and disclose it only as described in our Privacy Policy at https://bcgwater.com/privacy-policy, including to regulatory agencies where reporting requires it.
You grant us the permission we need to hold, process, transmit, and submit your information for the purposes of delivering our services and meeting those obligations.
We may use aggregated, de-identified information that does not identify you, your organization, or your facility to improve our services.
6. INTELLECTUAL PROPERTY
The website, the client portal, the software behind them, and the text, graphics, layouts, and marks appearing on them are owned by BCG Water or its licensors and are protected by intellectual property law. The name BCG Water and our logos may not be used without our written permission.
Nothing in these terms transfers ownership of our software or materials to you. You receive permission to use the portal for its intended purpose for as long as your access lasts, and nothing more.
Records and data belonging to your organization remain yours, as described in section 5.
7. TEXT MESSAGES, CALLS, AND EMAIL
Where you provide a mobile number and consent, we send text messages about your system. These are operational and account related, not marketing. Consent is not a condition of any purchase or service.
Message frequency varies with activity on your system. Message and data rates may apply. Reply STOP to stop, START to resume, and HELP for help.
Our complete messaging terms are published at https://bcgwater.com/messaging-terms and are part of these Terms of Use. How we handle mobile numbers and consent, including that they are never shared for marketing, is described in our Privacy Policy.
Calls to and from our business numbers may be recorded or transcribed where the law permits and where we tell you at the time.
8. AVAILABILITY
We aim to keep the website and portal available, but we do not promise uninterrupted service. We may suspend access for maintenance, for security, or because a provider we rely on is unavailable.
The portal is a convenience for viewing records. It is not a monitoring or alarm system, and it must not be relied on for emergency notification. If you have an operational emergency, contact us by phone and follow your system’s emergency procedures.
9. DISCLAIMERS
The website and portal are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non infringement.
We do not warrant that the website or portal will be error free, that defects will be corrected, or that any information displayed is complete or current at the moment you view it.
Information on this website is general. It is not engineering advice, legal advice, or a compliance determination for any specific system. Professional services are provided only under a written agreement and by qualified personnel.
10. LIMITATION OF LIABILITY
To the fullest extent permitted by law, BCG Water and its members, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of the website or the client portal, even if we have been advised of the possibility.
Our total liability arising out of or relating to the website and the client portal will not exceed one hundred United States dollars, or the amount you paid us for access to them, whichever is greater.
Nothing in this section limits liability that cannot be limited by law. Nothing in this section limits, expands, or otherwise modifies the liability provisions of any signed services agreement between us, which govern the services they cover.
11. INDEMNITY
You agree to indemnify and hold BCG Water harmless from claims, losses, and expenses, including reasonable attorneys’ fees, arising from your breach of these terms, your misuse of the website or portal, or your provision of information you were not authorized to provide.
12. THIRD PARTY LINKS AND SERVICES
The website may link to third party sites, and the portal relies on third party services. We do not control them and are not responsible for their content, their availability, or their privacy practices.
13. TERMINATION
We may suspend or end your access to the website or portal at any time, including for breach of these terms. Sections that by their nature should survive termination will survive it, including sections 5, 6, 9, 10, 11, and 14.
14. GOVERNING LAW AND DISPUTES
These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute arising out of or relating to these terms or your use of the website or portal will be brought in the state or federal courts located in Sonoma County, California, and you and we consent to the jurisdiction of those courts.
15. CHANGES
We may update these terms. When we do, we will change the effective date above. If a change is significant, we will tell you. Continued use after a change means you accept the updated terms.
16. CONTACT
BCG Water LLC Email: compliance@bcgwater.com Phone: 707-582-8592 Website: https://bcgwater.com Address: 4225 Solano Ave, Napa, CA 94558