Effective as of March 25, 2020
By registering for Subscription Services (see description provided below) on the WeatherCheck Website or Mobile Application, by email or by another explicit form of consent, whichever applies, you indicated that you have read and understood, and assent to be bound by, the terms of this AT&C in addition to the TOU. If the person registering for the Subscription Services was an individual working for you (“Agent”), such person agreed to the terms and conditions of this AT&C and the TOU on your behalf and represented and warranted to WeatherCheck that he/she had full power and authority to enter into this AT&C and the TOU on your behalf.
THE SUBSCRIPTION SERVICES
Table of Subscription Services. Each of the products and services listed on the table below are referred to in this Agreement as a “Subscription Service” and together as the “Subscription Services.”
Modification the Subscription Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Subscription Services or alter your access to the Subscription Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the WeatherCheck Website or Mobile Application or to your email address. You may reject any changes to a Subscription Service(s) by discontinuing use of the Subscription Service(s) to which such changes relate (See “TERMINATION OR CANCELLATION” section below). Your continued use of the Subscription Services will constitute your acceptance of and agreement to such changes.
Additional Legal Documents. You acknowledge and agree that the execution of certain legal documents by you is required for WeatherCheck to perform, on your behalf, certain Subscription Services related to assisting you with the filing of an insurance claim for damages and losses caused by a weather event: the Owner’s Representation
Agreement and the Limited Assignment of Benefits (copies of which were provided to you upon your purchase of the Subscription Services). You agree, upon request of WeatherCheck, to execute, acknowledge and deliver these legal documents; provided, however, that this AT&C shall be effective regardless of whether any such additional documents are executed.
You may pay for the Term in full upon purchase (the “Full Subscription Fee”) or be billed on a monthly basis (each a “Monthly Subscription Fee’) in accordance with the billing
terms in effect at the time of your initial purchase, unless you are notified of a fee change (See “FEE ADJUSTMENTS” section below).
For any Full Subscription Fee payment, you agree that for each renewal of the Term (the “New Term”), the Full Subscription Fee will be due and immediately payable on the first day of the New Term (the “Billing Date”).
For any Monthly Subscription Fee, you agree that, the Monthly Subscription Fee will be due and immediately payable on the date identified in the billing terms in effect at the time of your initial purchase (also the “Billing Date”).
You acknowledge and agree that the purchase of the Subscription Services, whether by Full Subscription Fee Payment or by Monthly Subscription Fee is “earned” when paid. EVEN IF YOU DO NOT RECEIVE ANY SUBSCRIBER BENEFITS DURING THE TERM, YOU WILL BE RESPONSIBLE FOR EACH MONTHLY SUBSCRIPTION FEE OR FULL SUBSCRIPTION PAYMENT FOR A NEW TERM UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED IN ACCORDANCE WITH THIS AT&C. See “TERMINATION OR CANCELLATION” section below.
Valid credit card information is due at the time your initial purchase of the Subscription Services.
If you do not give us notice of your intention to cancel the Subscription Services one (1) month in advance of your Billing Date, your credit card will be charged for the New Term on your Billing Date. If your purchase date is on the 29th through 31st day of any month, your Billing Date in months with fewer days will fall on the last day of the month.
WeatherCheck may adjust your Billing Date without notice. This will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date. Unless otherwise notified in advance by WeatherCheck pursuant to this AT&C, the amount due on the Billing Date will be equal to the original purchase price for the Subscription Services.
DISCOUNTS & PROMOTIONAL TRIALS
We sometimes offer discounts for multiple purchases and various trial or other promotional subscription packages (each a “Promotion Subscription”), which are subject to this AT&C and may have additional terms and conditions (“Promotional Terms & Conditions”). To the extent of any conflict or inconsistency with this AT&C and the Promotional Terms & Conditions, the AT&C shall prevail.
AT THE COMPLETION OF A PROMOTIONAL SUBSCRIPTION, UNLESS YOU CANCEL YOUR SUBSCRIPTION SERVICES, YOUR PROMOTIONAL SUBSCRIPTION WILL RENEW AUTOMATICALLY AND YOUR CREDIT CARD WILL BE CHARGED FOR YOUR NEW TERM IN ACCORDANCE WITH THE BILLING TERMS OF THE PROMOTIONAL SUBSCRIPTION.
WeatherCheck may adjust its fees for any Subscription Services effective the first day of a New Term by giving you notice of the new Full Subscription Fee amount or new Monthly Subscription amount, whichever is applicable, at least thirty (30) days before the beginning of the New Term. If you do not cancel your Subscription Services, you shall be deemed to have accepted the new Full Subscription Fee or new Monthly Subscription Fees for the New Term and any subsequent terms (until adjusted in accordance with this section). Any reductions in fees become effective during the next New Term without any pro rata or retroactive application to prior Terms.
TERMINATION OR CANCELLATION
If a Monthly Subscription Payment or Full Subscription Payment for a New Term payment is not made on the applicable Billing Date, you will have until the one (1) month anniversary of your Billing Date (in Texas and Massachusetts, this grace period will be thirty-one (31) days) to correct the credit card information on file and post a payment to your account (a “Late Payment”). If after the expiration of this grace period you have not made the Late Payment, WeatherCheck, in its sole and absolute discretion, suspend and/or terminate this AT&C and your Subscription Services, resulting in the termination of all of WeatherCheck’s obligations under this AT&C.
Your right to purchase Subscriptions Services is subject to any limits established by WeatherCheck or by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including through a chargeback, WeatherCheck may, in its sole and absolute discretion, suspend and/or terminate this AT&C and your Subscription Services, resulting in the termination of all of WeatherCheck’s obligations under this AT&C. If a charge made to your credit card is declined, WeatherCheck may make up to five (5) attempts to bill that card over a thirty (30) day period.
If you wish to purchase Subscription Services again after a termination by WeatherCheck, there will be no setup or reactivation fees; provided, however, Subscription Services terminated for non-payment will be reactivated only on receipt of the outstanding fees due and a written request to reinstate the Subscription
Services. When Subscription Services are reactivated, the new Term begins on the date of reactivation.
By Subscriber. You will have the right to cancel your Subscription Services by emailing firstname.lastname@example.org. To avoid payment of the fees on the next Billing Date, you must provide notice of your wish to cancel your Subscription Services one (1) month prior to your Billing Date (the “Notice Period”). After such cancellation, you will continue to receive Subscription Services until the end of the Notice Period. Upon the expiration of the Notice Period, all of WeatherCheck’s obligations under this AT&C will immediately terminate.
Services after Termination. Cancellation or suspension of your Subscription Services and/or the subsequent termination of all of WeatherCheck’s obligations under this AT&C, either by you or by WeatherCheck, will not affect any other Subscription Services separately purchased by you.