Terms of Service
Effective as of November 13 , 2017
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND WEATHERCHECK, INC. (“We” or “Company”).
COMPANY IS WILLING TO LICENSE AND ALLOW THE USE OF THIS COMPANY WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHER WISE USE THE COMPANY WEBSITE AND ARE INSTRUCTED TO EXIT THE COMPANY WEBSITE IMMEDIATELY.
1. CHANGES TO THE TERMS OF SERVICE AND THE COMPANY WEBSITE
a. The Company Website is a work in progress—Many updates in the design,
functions and services offered by the Company Website are in the works.
b. We reserve the right to update the Company Website and the TOS from time
to time, at our discretion.
c. We will notify you of any major changes, but please monitor the Company
Website to stay informed of any updates and changes.
d. You acknowledge and agree that your continued use of the Company
Website following the publishing of an updated version of the TOS means
that you accept and agree to the changes.
2. LICENSE GRANT.
a. The Company WebSite is provided by Company, and this TOS provides to you
a personal, revocable, limited, non-exclusive, royalty-free, non-transferable
license to use the Company WebSite and any programs, services, tools,
materials, or information made available through or from the Company WebSite
conditioned on your continued compliance with the terms and conditions of this
b. This TOS permits you to use and access for personal or business purposes
only the Company WebSite (i) on a single laptop, workstation, or computer and
(ii) from the Internet or through an on-line network.
c. You may load information from the Company WebSite into your laptop’s,
workstation’s, or computer’s temporary memory (RAM) and print and download
materials and information from the Company WebSite solely for your personal
or business use, provided that all hard copies contain all copyright and other
applicable notices contained in such materials and information.
d. If you are using the Company WebSite on behalf of a company or other form
of entity, please note that such a company or entity may have a separate
agreement with Company regarding access and usage privileges for the
Company WebSite, including, without limitation, a member services agreement
with Company. Nevertheless, your personal use of the Company WebSite will
be subject to the obligations and restrictions regarding use of the Company
WebSite as set forth in this TOS.
a. You may not use, copy, store, reproduce, transmit, distribute, display, rent,
lease, sell, modify, alter, license, sublicense, or commercially exploit any data,
materials or other information provided by Company through the Company
WebSite in any manner not expressly permitted by this TOS; and
b. You may not use the Company WebSite in an unlawful manner or in a manner
that could damage, disparage, or otherwise negatively impact Company.
4. THE WEBSITE DOES NOT PROVIDE PROPERTY INSPECTIONS.
The Company Website provides weather data and post-event information for the
property address provided by you in the Company Website. Company provides
the Company Website for information purposes only. THE COMPANY WEBSITE
DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BEINTERPRETED AS, A PHYSICAL INSPECTION FOR INSURANCE PURPOSES.
If you require advice or services concerning the filing of an insurance claims, youshould consult with your insurance company.
5. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM COMPANY.
a. By registering with the Company Website, you thereby consent to be contacted
and to receive communications regarding programs, services, tools, materials,
or information made available through or from the Company WebSite via (i)
email or (ii) SMS, MMS, or text message (“Text Messages”) on your enabled
wireless device (such as a smart phone or tablet).
b. You acknowledge and agree that, for Text Messages sent to you from the Company Website, you will be solely responsible for any message charges,
data rates and other fees applied and charged by your wireless carrier.
c. You agree keep to keep all email addresses or telephone numbers provided to the Company WebSite.
d. You agree to regularly check your text and e-mail messages for
communications from the Company WebSite.
6. USER OBLIGATIONS.
a. By downloading, accessing, or using the Company WebSite to view and/or
receive our information and materials, you represent that you are at least the
legal age of majority and will, at all times, provide true, accurate, current, and
complete information when submitting information or materials on the
Company WebSite, including, without limitation, when you provide information
via a Company WebSite registration or submission form. If you provide any
false, inaccurate, untrue, or incomplete information, Company reserves the
right to terminate immediately your access to and use of the Company
WebSite. In addition, you agree to abide by all applicable local, state, national,
and international laws and regulations with respect to your use of the Company
b. You acknowledge and agree that use of the Internet and access to or
transmissions or communications with or from the Company WebSite is solely at your own risk. While Company has endeavored to create a secure and
reliable Company WebSite, you should understand that the confidentiality of
any communication or material transmitted to/from the Company WebSite over
the Internet or other form of global communication network cannot be
guaranteed. Accordingly, Company is not responsible for the security of any
information transmitted to or from the Company WebSite.
c. You agree to assume all responsibility concerning activities related to your useof the Company WebSite, including, providing any support or meeting any
requirements of your contracts with third parties, obtaining and paying for all
licenses and costs for third-party software and hardware necessary for
implementation of the Company WebSite, and maintaining and backing up any
7. OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to receipt of services,
Authorized User registration with the Company WebSite, and/or to other specific
portions or features of the Company WebSite, all of which are made a part of this
TOS by this reference. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Company WebSite, the latter terms shall control with respect to your use of that portion of the Company WebSite.Company’s obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the Company WebSite requires the submission, use, and dissemination of various personal identifying information.
Accordingly, if you wish to access and use those programs, services, tools,
materials, or information of the Company WebSite, you acknowledge and agree
that your use of the Company WebSite will constitute acceptance of Company’s
personal identifying information collection and use practices. Please see the
collection and use practices.
9. PROPRIETARY RIGHTS.
a. This TOS provides only a limited license to access and use the Company
WebSite. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to the
Company WebSite to you or anyone else.
b. All text, graphics, user interfaces, visual interfaces, photographs, sounds,
artwork, computer code (including html code), programs, software, products,
information, and documentation as well as the design, structure, selection,
coordination, expression, “look and feel,” and arrangement of any content
contained on or available through the Company WebSite, unless otherwise
indicated, are owned, controlled, and licensed by Company and its successors
and assigns and are protected by law including, but not limited to, United States
copyright, trade secret, patent, and trademark law, as well as other state,
national, and international laws and regulations. Except as expressly provided
herein, Company does not grant any express or implied right to you or any
other person under any intellectual or proprietary rights.
c. Your unauthorized use of the Company WebSite may violate intellectual
property or other proprietary rights laws as well as other laws, regulations, and
statutes. Please be aware that Company does enforce its intellectual property
rights to the fullest extent of the law and, in particular and without limitation,
with respect to illegal use of terms confusingly similar to any of Company’s
d. Company also owns a copyright in the contents of the Company WebSite as
collective work and/or compilation and in the selection, coordination,
arrangement, and enhancement of the content of the Company WebSite. Any
downloadable or printable programs, directories, databases, information, or
materials available through the Company WebSite and all copyrights, trade
secrets, and know-how related thereto, unless otherwise indicated, are owned
e. Company, the Company logo, and all other names, logos, and icons identifying
Company and its programs, products, and services are proprietary trademarks
of Company, and any use of such marks, including, without limitation, as
domain names, without the express written permission of Company is strictly
prohibited. Other service and entity names mentioned herein may be the
trademarks and/or service marks of their respective owners.
10. LINKS TO OTHER SITES.
a. Company may provide links, in its sole discretion, to other sites on the World
Wide Web for your convenience in locating or accessing related information,
products, and services. These sites have not necessarily been reviewed by
Company and are maintained by third parties over which Company exercises
b. Company expressly disclaims any responsibility for the content, the materials,
the accuracy of the information, and/or the quality of the products or services
provided by, available through, or advertised on these third-party Web sites.
Moreover, these links do not imply an endorsement with respect to any third
party or any Web site or the products or services provided by any third party.
11. THIRD-PARTY PRODUCTS/SERVICES.
a. Company, in its sole discretion, may post the advertisements of third parties on
the Company WebSite and/or feature materials, programs, products, and
services provided by third parties.
b. Company makes no representations with respect to, nor does it guarantee or
endorse, the quality, non-infringement, accuracy, completeness, timeliness,
reliability, or correct sequencing of such third-party materials, programs,
products, and services or any other materials, programs, products, and
services which such third-party materials, products, and services may access.
c. Your correspondence or any other dealings with third parties found on the
Company WebSite are solely between you and such third party.
d. Company expressly disclaims responsibility and liability for all third-party
provided materials, programs, products, and services contained on or
accessed through the Company WebSite, and you agree that Company shall
not be responsible for any loss or damage of any sort incurred as a result of
any such dealings or as the result of the presence of such third parties on the
WHILE COMPANY ENDEAVORS TO PROVIDE RELIABLE INFORMATION,
SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION,
SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR
THROUGH THE COMPANY WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS
AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER
COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE
COMPANY WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS,
SOFTWARE, AND MATERIALS AVAILABLE ON THE COMPANY WEBSITE AT
ANY TIME AND FOR ANY REASON.
YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE
INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON
THE COMPANY WEBSITE. COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR
THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY,
OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND
MATERIALS AVAILABLE ON THE COMPANY WEBSITE FOR ANY PURPOSE,
AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY ENACTED BY ANY
COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE
COMPANY WEBSITE WILL OPERATE ERROR FREE OR IN AN
UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT
YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR
CONTAMINATION OR DESTRUCTIVE FEATURES.
13. LIMITATION OF LIABILITY.
You expressly absolve and release Company from any claim of harm resulting
from a cause beyond Company’s control, including, but not limited to, failure of
electronic or mechanical equipment or communication lines, telephone or other
connection problems, computer viruses, unauthorized access, theft, operator
errors, severe weather, earthquakes, or natural disasters, strikes, or other labor
problems, wars, or governmental restrictions.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OF THE COMPANY WEBSITE,
WITH THE DELAY OR INABILITY TO USE THE COMPANY WEBSITE, FOR
ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS
AVAILABLE THROUGH THE COMPANY WEBSITE OR FOR INSTALLATION
OF THE EQUIPMENT, WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY
FOR ANY REASON WHATSOEVER RELATED TO USE OF THE COMPANY
WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO
You agree to defend, indemnify, and hold harmless Company and affiliates and all
of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable
attorneys’ fees and litigation expenses) relating to or arising from any breach by
you of this TOS (including any failure to secure the permission required in Section 11, “INSTALLATION OF SENSORY EQUIPMENT.”
15. GOVERNING LAW.
a. This TOS has been made in and will be construed and enforced solely in
accordance with the laws of the United States of America and the
Commonwealth of Kentucky, U.S.A. as applied to agreements entered into and
completely performed in the Commonwealth of Kentucky.
b. You and Company each agree to submit to exclusive subject matter jurisdiction,
personal jurisdiction, and venue of the courts in the County of Jefferson,
Commonwealth of Kentucky for any disputes between us under or arising out
of this TOS.
c. You acknowledge and agree that any applicable state law implementation of
the Uniform Computer Information Transactions Act (including any available
remedies or laws) shall not apply to this TOS and is hereby disclaimed.
d. For now, we provide this Company Website for use only by persons located in
the United States. We make no claims that the Company Website or any of its
content is accessible, appropriate or legal outside of the United States.
e. You access the Company WebSite on your own volition and are responsible
for compliance with all applicable local laws with respect to your access and
use of the Company WebSite.
16. RESOLUTION OF DISPUTES.
a. It is the intention of the parties to bring all disputes between or among any of them to an early, efficient and final resolution.
b. All disputes, claims and/or otherwise, including without limitation management,
contract, quasi contract, equitable claims, tort claims, statutory claims or any
other kind of controversy, claim or dispute shall be resolved by arbitration as
provided herein. Nothing herein shall preclude any party from applying to a
court of competent jurisdiction for preliminary injunctive relief or a temporary
restraining order or other preliminary relief as may be required.
c. The arbitration shall be in Louisville, Kentucky and follow rules substantially
similar to rules of the American Arbitration Association then in effect. The
arbitration panel shall consist of one (1) individual selected by the parties. The
determination by the arbitrator shall be binding upon all parties. The prevailing
party shall be entitled to attorney’s fees and costs including the expense of
17. TERM AND TERMINATION.
a. This TOS and your right to use the Company WebSite will take effect at the
moment you install, access, or use the Company WebSite and is effective until
terminated as set forth below.
b. This TOS will terminate automatically if you fail to accept this TOS.
c. Company reserves the right at any time and on reasonable grounds, which
shall include, without limitation, any reasonable belief of fraudulent or unlawful
activity or actions or omissions that violate any term or condition of this TOS,
to deny your access to the Company WebSite or to any portion thereof in order
to protect its name and goodwill, its business, and/or other Authorized Users.
d. This TOS will also terminate automatically if you fail to comply with this TOS,
subject to the survival rights of certain provisions identified below.
e. Termination will be effective without notice.
f. You may also terminate this TOS at any time by ceasing to use the Company
WebSite, but all applicable provisions of this TOS will survive termination, as
g. Upon termination, you must destroy all copies of any aspect of the Company
WebSite in your possession.
h. In addition to the miscellaneous section below, the provisions concerning
Company’s proprietary rights, indemnity, disclaimers, limitation of liability,
governing law and resolution of disputes will survive the termination of this TOS
for any reason.
represents the entire agreement between you and Company with respect to
use of the Company WebSite, and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written between
you and Company with respect to the Company WebSite.
b. SEVERABILITY. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as result of this TOS or your utilization of the Company WebSite.
c. HEADINGS. Headings herein are for convenience only.
d. NO ASSIGNMENT BY YOU. This TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without Company’s prior written consent.
e. NO WAIVER. Failure by Company to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by Company of that or any subsequent default or failure of performance.