Terms of Service
Effective as of May 28, 2019
THIS TERMS OF SERVICE IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND WEATHERCHECK, INC. (“We” or “WeatherCheck”).
WEATHERCHECK IS WILLING TO LICENSE AND ALLOW THE USE OF THE SERVICES 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 OTHERWISE USE THE SERVICES AND ARE INSTRUCTED TO EXIT THE WEBSITE IMMEDIATELY.
1. CHANGES TO THE TERMS OF SERVICE, WEBSITE, AND SERVICES
A. These TOS, Website, and Services are a work in progress—many updates in the design, functions, and services offered by the WeatherCheck Website are in the works.
B. We reserve the right to modify or discontinue the TOS, Website, and Services at our discretion.
C. We will notify you of any major changes to these TOS, but please monitor the WeatherCheck Website to stay informed of any updates and changes.
D. You acknowledge and agree that your continued use of the Services following the publishing of an updated version of the TOS means that you accept and agree to the changes.
2. LICENSE GRANT.
A. The Website is provided by WeatherCheck, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website and any programs, services, tools, materials, or information made available through the Website conditioned on your continued compliance with this TOS.
B. This TOS permits you to use and access for personal or business purposes only the Website on a single laptop, workstation, mobile device, or computer and from the Internet or through an online network.
C. You may load information from the WeatherCheck Website into your laptop’s, workstation’s, mobile device, or computer’s temporary memory (RAM) and print and download materials and information from the 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 Website on behalf of WeatherCheck or other entity, please note that such entity may have a separate agreement with WeatherCheck regarding access and usage privileges for the Website, including, without limitation, a member services agreement with WeatherCheck. Nevertheless, your personal use of the Website will be subject to the obligations and restrictions 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 WeatherCheck through the WeatherCheck Website in any manner not expressly permitted by this TOS; and
B. You may not use the WeatherCheck Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact WeatherCheck.
4. THE WEBSITE DOES NOT PROVIDE PROPERTY INSPECTIONS.
The WeatherCheck Website provides weather data and information for the property address provided by you in the Website. WeatherCheck provides the Website for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, A PHYSICAL INSPECTION FOR INSURANCE PURPOSES. If you require advice or services concerning the filing of an insurance claims, you should consult with your insurance carrier.
5. NOTIFICATION SERVICE.
WeatherCheck provides weather data and post-wind and hail related information to the Owner of the Property (“Notification Service”). WeatherCheck does not guarantee that it will notify Owner of all weather-related losses, and the Notification Service does not include a physical inspection of the Property for insurance purposes. Although WeatherCheck will do its best to notify you of all weather-related losses, WeatherCheck cannot be held responsible for not notifying you.
6. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM WEATHERCHECK.
A. By registering with the Website, you consent to be contacted and to receive communications regarding programs, services, tools, materials, or information made available through or from the WeatherCheck WebSite via (i) email or (ii) SMS, MMS, or text message (“Text Messages”) on your enabled wireless device.
B. You acknowledge and agree that, for Text Messages sent to you from the 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 to keep all email addresses or telephone numbers provided to the Website and notify WeatherCheck of any change.
D. You agree to regularly check your text and e-mail messages for communications from the Website.
7. USER OBLIGATIONS.
A. By downloading, accessing, or using the WeatherCheck Website to view 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 Website, including, without limitation, when you provide information via a registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, WeatherCheck reserves the right to terminate immediately your access to and use of the 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 Website.
B. You acknowledge and agree that use of the Internet and access to or transmissions or communications with or from the Website is solely at your own risk. While WeatherCheck has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to or from the Website cannot be guaranteed. Accordingly, WeatherCheck is not responsible for the security of any information transmitted to or from the Website.
C. You agree to assume all responsibility concerning activities related to your use of the WeatherCheck 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 WeatherCheck Website, and maintaining and backing up any data.
D. You acknowledge that you are not authorized to send numerous unsolicited commercial email messages to any email addresses @weathercheck.co. WeatherCheck reserves the right to take actions as may be necessary to prevent misuse of its email system by unauthorized parties.
8. SECURED AREAS.
Some portions of this site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
If you are an authorized user of any restricted area, you are responsible to maintain the security and confidentiality of your password. DO NOT SHARE YOUR PASSWORD WITH ANYONE. WeatherCheck will not ask you for your password. If you know or suspect that your password has been compromised, change your password immediately. If you suspect any unauthorized activity related to your account, you should contact WeatherCheck immediately. WeatherCheck will not be responsible if you do not properly secure your password or if you choose to share your password with anyone else. In order to protect your personal information WeatherCheck encourages you to change your password every six months.
9. OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to receipt of services, Authorized User registration with the WeatherCheck Website, and to other specific portions or features of the WeatherCheck 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 WeatherCheck Website, the latter terms shall control with respect to your use of that portion of the WeatherCheck Website. WeatherCheck’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.
11. PROPRIETARY RIGHTS.
A. This TOS provides only a limited license to access and use the Website. You acknowledge and agree that WeatherCheck transfers no ownership or intellectual property interest or title to the 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 Website, unless otherwise indicated, are owned, controlled, and licensed by WeatherCheck 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. WeatherCheck does not grant any express or implied right to you or any other person under any intellectual or proprietary rights except as expressly provided in this TOS.
C. Your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that WeatherCheck 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 WeatherCheck’s trademarks.
D. WeatherCheck owns copyrights in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, directories, databases, information, or materials available through the Website and all copyrights, trade secrets, and related know-how, unless otherwise indicated, are owned by WeatherCheck.
E. WeatherCheck, the WeatherCheck logo, and all other names, logos, and icons identifying WeatherCheck and its programs, products, and services are proprietary trademarks of WeatherCheck, and any use of such marks, including, without limitation, as domain names, without the express written permission of WeatherCheck is strictly prohibited. Other service and entity names mentioned on the Website may be the trademarks and/or service marks of their respective owners.
12. THIRD-PARTY PRODUCTS/SERVICES/LINKS.
A. WeatherCheck, in its sole discretion, may provide links to other third party websites or advertisements or feature materials, programs, products, and services provided by third parties on the Website. These links have not necessarily been reviewed by WeatherCheck and are maintained by third parties over which WeatherCheck exercises no control.
B. Your correspondence or any other dealings with third parties found on the Website are solely between you and such third party.
C. WeatherCheck 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.
D. WeatherCheck expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Website, and you agree that WeatherCheck is not responsible for any loss or damage of any sort incurred as a result of any such dealings or the presence of such third parties on the Website.
13. INSTALLATION OF SENSORY EQUIPMENT.
A. We may need access to the physical premises of the property address you provided to the Website (the “Premises”).
B. If such access is needed and we have secured your agreement with such need on a specific portion of the Website, you hereby grant us a non-exclusive license to an install and affix sensory equipment (the “Equipment”) to the Premises, together with the right to WeatherCheck, its successors, assigns, contractors, and agents, to construct, install, operate, maintain, inspect, repair, renew, remove, and relocate the Equipment and to doing anything necessary or convenient with the foregoing.
C. If you don’t own the Premises, you are solely responsible for securing the required permission for installation on the Premises. You may be asked to provide written evidence that you have been afforded all necessary permissions to complete the installation, and you should be prepared to present said evidence at any time.
D. We will make every effort to install the Equipment consistent with the aesthetics and construction of the Premises.
E. WeatherCheck will provide at least 24-hour pre-installation notice at the email address provided by you during registration for the WeatherCheck Website (or any updated email address provided after registration). The pre-installation email notification will include instructions for you to acknowledge receipt, such as acknowledgment by return e-mail or by electronic signature.
F. The Equipment will at all times remain the personal property of WeatherCheck, its successors or assigns, and may be removed at WeatherCheck’s sole discretion.
WHILE WEATHERCHECK ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE WEATHERCHECK WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.
WEATHERCHECK MAKES NO REPRESENTATION OR WARRANTY THAT THE 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.
WEATHERCHECK MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITE OR TO THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON.
YOU ASSUME THE SOLE RISK OF MAKING USE OF AND RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE. WEATHERCHECK 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 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 STATE.
15. 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 WEATHERCHECK BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, FOR THE INSTALLATION OF EQUIPMENT, OR FROM ANY OTHER RIGHT OR OBLGIATION CONTAINED IN THIS TOS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WEATHERCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY IN CERTAIN JURISDICTIONS.
NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF WEATHERCHECK FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEATHERCHECK.
You agree to defend, indemnify, and hold harmless WeatherCheck 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.
17. 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.
B. 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.
C. For now, we provide the Services for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the United States.
D. You access the Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Website.
18. 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 through binding arbitration.
B. All disputes, claims, 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 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 mutually agreed to or 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 arbitration.
19. TERM AND TERMINATION.
A. This TOS and your right to use the WebSite will take effect at the moment you install, access, or use the WebSite and is effective until terminated as set forth below.
B. This TOS will terminate automatically if you fail to accept this TOS.
C. WeatherCheck 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 Website or to any portion thereof in order to protect its name and goodwill, its business, or its 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. Termination will be effective without notice.
E. You may terminate this TOS at any time by ceasing to use the Website; however, the provisions of this TOS will survive termination, as identified below.
F. Upon termination, you must destroy all copies of any aspect of the WebSite in your possession.
G. The TOS provisions concerning WeatherCheck’s proprietary rights, indemnity, disclaimers, limitation of liability, governing law and resolution of disputes will survive the termination of this TOS for any reason.
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 WeatherCheck as a result of this TOS or your utilization of the Website.
C. HEADINGS. Headings herein are for convenience only and shall not be used to interpret this TOS.
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 WeatherCheck’s prior written consent.
E. NO WAIVER. Failure by WeatherCheck to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by WeatherCheck of that or any subsequent default or failure of performance.
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