Effective as of March 25, 2020
This TOU GOVERNS YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY PROGRAMS, SERVICES, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the “Services”).
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 TOU.
IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SERVICES AND ARE INSTRUCTED TO EXIT THE WEBSITE IMMEDIATELY.
The Website and the Services are a work in progress—many updates in the design, functions, and services offered by the WeatherCheck are in the works.
We reserve the right to modify or discontinue the Website and the Services at our discretion.
We will notify you of any major changes to this TOU, but it is your responsibility to stay informed of any updates or changes to this TOU.
You acknowledge and agree that your continued use of the Website and the Services, after the publishing of an updated version of this TOU, means that you accept and agree to the terms and conditions of the updated TOU.
YOUR USE OF THE WEBSITE AND THE SERVICES
Until this TOU is terminated and as long as you continue comply with this TOU, WeatherCheck, through this TOU, provides to you a personal, revocable, limited, non- exclusive, royalty-free, non-transferable license to use and access the Website and the Services for personal and non-commercial use on a single laptop, workstation, mobile device, or computer and from the Internet or through an online network.
Currently, the Website and 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.
BUSINESS USE (ENTERPRISE USERS)
If you would like to use the Services for business purposes, you must create an Enterprise User account and agree to the applicable terms and conditions. To obtain credentials for a free trial, please visit https://app.weathercheck.co/onboard/register.
If you have registered a property(s) with the Website, WeatherCheck will provide you weather data and post-wind and hail related information (“Notifications”) as part of the Services. WeatherCheck does not guarantee that you will receive Notifications of all weather-related events. WeatherCheck will do its best to notify you of weather-related events, but you expressly agree by using the Website and/or the Services that WeatherCheck will not be responsible or liable for, and WeatherCheck expressly disclaims any responsibility or liability for, any damages or losses associated with your failure to receive a Notification.
NO PROPERTY INSPECTIONS
THE PROVISION OF NOTIFICATIONS THROUGH THE WEBSITE AND/OR THE SERVICES DOES NOT INCLUDE A PHYSICAL INSPECTION OF ANY PROPERTY AND SHOULD NOT BE INTERPRETED AS A PHYSICAL INSPECTION FOR INSURANCE PURPOSES.
WeatherCheck also offers upgraded subscription packages (the “Subscription Services”) and you can subscribe to the Subscription Services on the Website, by email or by another explicit form of consent, whichever applies.
You acknowledge and agree that the Subscription Services are to this TOU and the additional terms and conditions that apply to the Subscription Services (the “Additional Terms and Conditions”), available at https://weathercheck.co/additional-terms/. To the extent of any conflict or inconsistency with this TOU and the Additional Terms and Conditions, the Additional Terms and Conditions shall prevail.
By downloading, accessing, or using the Website or the Services, 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.
You acknowledge and agree that the use of the Internet and access to or transmissions or communications with or from the Services or Website is solely at your own risk.
You acknowledge that the Website and the Services are for solely for the use by persons located in the United States and the WeatherCheck expressly disclaims all claims or warranties, explicit or implied, of the fitness of Website or the Services for use by persons located outside of the United States.
You agree that you will not use the Website in a manner that could damage, disparage, or otherwise negatively impact WeatherCheck.
You agree to document all email addresses or telephone numbers provided upon registration through the Website, to notify WeatherCheck of any changes to these addresses and phone numbers and to regularly check your text and email messages for communications related to Services.
While WeatherCheck endeavors to create a secure and reliable Website and Services, you agree that the confidentiality of any communication or material transmitted cannot be guaranteed, and WeatherCheck is not responsible for the security of any information transmitted to or from the Website or Services.
You hereby assume all responsibility concerning activities related to your use of the Website or Services, including meeting the requirements and obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the WeatherCheck Website, and for any maintenance and back up any related data.
You agree that you will not send numerous unsolicited commercial email messages to any WeatherCheck email addresses (“@weathercheck.co”) and you acknowledge that WeatherCheck reserves the right to take actions as may be necessary to prevent misuse of its email system.
CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
You acknowledge and agree that if you register with the Website with your email address and/or your telephone number, you consent to be contacted and to receive communications regarding the Services via (i) email, (ii) SMS, MMS, or text message (“Text Messages”) on your enabled wireless device, or (iii) through social media platforms.
You acknowledge and agree that you will be solely responsible for any message charges, data rates, and other fees applied and charged by your wireless carrier for these Service- related Text Messages.
INSTALLATION OF SENSORY EQUIPMENT
We may need access to the physical premises of a property address you provided to the Website (the “Premises”).
If such access is needed and we have secured your consent (the “Sensory Equipment Consent” provided on the Website, by email or by another explicit form of consent), you hereby grant us a non-exclusive license to 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 do anything necessary or convenient with the foregoing.
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.
We will make every effort to install the Equipment consistent with the aesthetics and construction of the Premises.
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 email or by electronic signature.
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.
OWNERSHIP BY WEATHERCHECK
You acknowledge and agree that WeatherCheck transfers no ownership or intellectual property interest or title to the Website or the Services to you or anyone else, except as expressly provided in this TOU.
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/or the Services and all copyrights, trade secrets, and related know-how, unless otherwise indicated, are owned by WeatherCheck.
The Website and the Services are protected by United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Your unauthorized use of the Website and/or the Services may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.
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.
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.
Your correspondence or any other dealings with third parties found on the Website are solely between you and such third party.
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.
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.
WHILE WEATHERCHECK ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE 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.
LIMITATION OF LIABILITY
You expressly absolve and release WeatherCheck from any claim of harm resulting from a cause beyond WeatherCheck’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 OBLIGATION CONTAINED IN THIS TOU, 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 your use of the Website and/or the Services or any breach by you of this TOU.
This TOU 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.
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 TOU and is hereby disclaimed.
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.
RESOLUTION OF DISPUTES
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 dispute resolution and arbitration.
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.
The arbitration shall be held in Louisville, Kentucky, in-person and by other virtual or telephonic means, and shall follow rules substantially similar to the 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.
TERM AND TERMINATION
This TOU and your right to use the WebSite will take effect at the moment you access, or use the WebSite and/or the Services and is effective until terminated as set forth below:
- This TOU will terminate automatically if you fail to accept this TOU.
- 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 TOU, 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.
- This TOU will also terminate automatically if you fail to comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice.
- You may terminate this TOU at any time by ceasing to use the Website and the Services; however, the provisions of this TOU will survive termination, as identified below.
- Upon termination, you must destroy all copies of any aspect of the WebSite in your possession.
- The TOU provisions concerning WeatherCheck’s ownership rights, indemnity, disclaimers, limitation of liability, governing law and resolution of disputes will survive the termination of this TOU for any reason.
SEVERABILITY. If any provision (or part thereof) contained in this TOU 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.
RELATIONSHIP. No joint venture, partnership, employment, or agency relationship exists between you and WeatherCheck as a result of this TOU or your utilization of the Website.
HEADINGS. Headings herein are for convenience only and shall not be used to interpret this TOU.
NO ASSIGNMENT BY YOU. This TOU 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.
NO WAIVER. Failure by WeatherCheck to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver by WeatherCheck of that or any subsequent default or failure of performance.