WeatherFlow Terms of Use

Updated July 23, 2020

These Terms of Use (“Terms”) between you and WeatherFlow, Inc. (“WeatherFlow”) govern your use of the WeatherFlow website and any other mobile application, application, software, site, download, data, documentation, product, or service linking to or containing these Terms, including Tempest, TempestWx, WindAlert, iWindsurf, iKitesurf, SailFlow, and FishWeather (each a “Service,” collectively the “Services”). 

Please read these Terms carefully. By accessing, using, or browsing any of the Services, including, without limitation, any of the content, data, or information on the Services, you acknowledge that you have read and agree to be bound by these Terms. From time to time, and at any time, we may modify these Terms. Your continued access to and use of the Services after such changes are effective is your acknowledgment and agreement to such modifications.

ACCEPTANCE OF THE TERMS

You must be of legal age to enter into a binding agreement in order to accept these Terms and use the Services. If you are in the United States, this means you are at least 18 years old. 

If you do not agree to these Terms, do not use any of our Services. You accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services. 

PRIVACY

Our Privacy Statement explains how we collect, use, and disclose your personal information when you access and use the Services. You must also agree to the Privacy Statement to use the Services. 

PERMITTED USE

WeatherFlow owns and operates the Services. Through the Services, we make available certain data, content, analyses, graphs, maps, charts, and related materials owned by us or our third-party licensors (the “Licensed Content”). Licensed Content may include portions of the data and other information collected by and transmitted to WeatherFlow by any weather station, meter, or other device manufactured, distributed, or sold by or licensed to WeatherFlow (“Consumer Station Data”). WeatherFlow retains all right, title, and interest in and to any and all Consumer Station Data, including but not limited to data recorded, collected, or otherwise generated by, or derived from, Tempest systems and WeatherFlow Wind and Weather meters. For sake of clarity,  you have no right, title, or interest in or to Consumer Station Data except the limited license to use such data to the extent it qualifies as Licensed Content in accordance with these Terms..

Unless you have a separate written agreement with WeatherFlow on different terms, WeatherFlow grants to you an individual, non-exclusive, non-transferable, non-sublicenseable right to access and use the Services and the Licensed Content solely for your personal, non-commercial purposes. Except as expressly permitted by these Terms, or in any separate written agreement between you and WeatherFlow, you may not modify, publish, transmit, display, sell, transfer, deliver, copy, perform, reproduce, distribute or redistribute, create derivative works of, or in any way exploit any of the Services or Licensed Content, in whole or in part, in any format or by any means (including, but not limited to framing, deep linking or embedding), without WeatherFlow’s express written consent. Any commercial use of the Services or the Licensed Content must be authorized by WeatherFlow under a written agreement separate and distinct from these Terms. Please contact us at support@weatherflow.com for information about commercial licensing. 

 

If WeatherFlow makes any of the Services or Licensed Content available to you in downloadable format (“Downloadable Services”), including via mobile app or downloadable software, you may install, store, and use the Services for your personal, non-commercial purposes only, and only on your personal mobile device or computer. You may not sell, redistribute, or provide access to the Downloadable Services to any other person. These Terms will apply to you whether you access the Downloadable Services directly, or whether the Downloadable Services are made available to you by a third party or any other means. These Terms will take precedence over any conflicting terms published by a third party that you may have accepted (or in the future may be required to accept) in connection with your access to or use of the Downloadable Services. WeatherFlow will, in its sole discretion, determine the form and format of the Downloadable Services, and such form and format may limit or restrict the use of the Downloadable Services to certain types of computers or devices to the exclusion of others, and may be subject to additional licensing terms or restrictions. 

The Services and Licensed Content may be used for lawful purposes only, and may not be used in a manner that violates or infringes the rights of WeatherFlow or any third party (including any of WeatherFlow’s third party service providers, vendors, clients, or customers). You may not remove any proprietary notices or labels on or relating to any of the Services, in whatever form or format they are made available to you. 

This license does not grant you any right to any enhancement, upgrade, or update of the Services, although WeatherFlow may (in its sole discretion) make such enhancements or updates available to you from time to time or at any time. 

WeatherFlow expressly reserves the right to terminate any license granted herein for any reason or no reason, and without notice to you. You agree that WeatherFlow will not be liable for any damages arising from any interruption, suspension or termination of the Services. 

USER CONTENT

If you post, upload, publish, provide, or otherwise transmit (“Post”) any content, materials, images, photos, or other information (“User Content”) to or via the Services, you hereby acknowledge and agree that you are granting WeatherFlow, its employees, subsidiaries, affiliates, successors, assigns, contractors, and licensees, a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, sub-licensable right and license to use, reproduce, publicly display, publicly perform, distribute, redistribute, copy, index, comment on, modify, transform, adapt, translate, create derivative works based upon, and sublicense such User Content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed, in any number of copies and without limit as to time, manner, and frequency of use, and without further notice, without payment, and with or without attribution to you. The license granted to WeatherFlow in and to the User Content you Post extends to any commercial use of your User Content at WeatherFlow’s sole and absolute discretion. For the sake of clarity, User Content does not include Consumer Station Data, and except for the limited license to access and use the Licensed Content for personal, non-commercial purposes, nothing in these Terms transfers or grants you any right, title, or interest in or to the Consumer Station Data. 

By Posting your User Content to publicly accessible portions of the Services, you also understand and agree that other users of the Services will, and you hereby grant other users of the Services the license to, access, view, store, and reproduce your User Content for such other user’s personal, non-commercial use; and you waive your rights to attribution, integrity, and any other legal or moral rights in connection with such user’s use of your User Content. 

Except where granted herein, WeatherFlow does not claim any ownership, right, title, or interest in or to your User Content. You will be solely responsible for your User Content and the consequences of Posting your User Content. Any User Content made public may be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. 

You represent and warrant that you have all necessary rights and authorizations to Post your User Content to the Services and to grant WeatherFlow the foregoing license without infringing or violating the rights of any third party, including but not limited to any rights of publicity or personality rights. You agree to indemnify and hold WeatherFlow harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use of your User Content.

Any User Content Posted by other users of the Services is provided to you AS IS for your information and personal use only. You may not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such User Content for any other purpose, without the express written consent of the person who owns the rights to such User Content. WeatherFlow assumes no responsibility or liability for any User Content, whether Posted by your or any other third party. User Content is not endorsed by and does not reflect the views of WeatherFlow. 

WeatherFlow has the right, but not the obligation, to monitor, filter, delete, remove, block access to or remove any User Content Posted by any person that violates these Terms or any other applicable policies, laws, or regulations. The Posting of User Content on or to the Services does not warrant its validity, reliability, accuracy, legality or currentness. WeatherFlow may preserve User Content and may also disclose User Content if required to do so by law, or in the good faith belief that such preservation or disclosure may be reasonably necessary to: (a) comply with legal process(es); (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of WeatherFlow, its users, or the public.

WEATHERFLOW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS, CONTENT, OR DATA UPLOADED OR PLACED ON THE SERVICES BY THIRD PARTIES AND OTHER USERS OF THE SERVICES.

USER ACCOUNT

When you access the Services, you must create an account and password (“Account Credentials”). You cannot share, transfer, or assign your Account Credentials, and any attempted transfer or assignment is void. You are solely responsible for maintaining the accuracy, truthfulness, completeness, currentness, and confidentiality of, and you agree to accept responsibility for all activities that occur under your Account Credentials. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your username or password), you agree to immediately notify us. You may be liable for any losses we or others incur as a result of unauthorized use of your Account Credentials. We may, in our sole discretion, for any or no reason and without penalty or notice, deny, suspend, or terminate your account, or discontinue providing access to all or any part of the Services. If we terminate your account or your right to use the Services, you agree that we will not be liable to you or any third party for any such termination. You may terminate these Terms at any time going forward by deleting your account on the Services and discontinuing use of any and all parts of the Services. 

CLASSIFIED ADS POLICY
The Services may allow you to post classified ads to the Services. Any classified ads you post are subject to these Terms and this Classified Ads Policy, and the Classifieds Guidelines posted in the Classifieds, and WeatherFlow retains the right to censor, remove, or delete any ad that violates these Terms or this Classified Ads Policy. 

By posting an ad on any of the Services, you expressly agree that you will be solely responsible for the content of your ad, and that you will indemnify WeatherFlow and hold WeatherFlow, its directors, officers, employees, agents, affiliates, successors, and assigns harmless for any losses or damages to you or to others that may result directly or indirectly from any ads, including your ads, posted to the Services.

Acceptable use of classified ads must comply with the following: ads containing foul or inappropriate language are subject to rejection or immediate removal without warning; ads and comments cannot contain hateful, racist, or otherwise offensive language and are subject to rejection or immediate removal; ads cannot promote activities that would be illegal under the laws of any state, province or country; any ad that appears to be merely a test message, a joke, or otherwise insincere or non-serious is subject to removal without notice in WeatherFlow’s sole and absolute discretion.

SUSPENSION AND TERMINATION

We may suspend your user account or temporarily disable access to all or part of any Services in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. You may object to the suspension or disabling of your account by contacting  [contact email] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.

In addition, we reserve the right to terminate your user account and deny the Services if we suspect or reasonably believe that you have violated the Terms. You have the right to terminate your user account if WeatherFlow breaches its obligations under these Terms and in such event, you will be entitled to a prorated refund of any prepaid fees. Termination of your user account will include denial of access to all Services and deletion of the information in your user account.

Without limiting the foregoing, WeatherFlow reserves the right to temporarily or permanently suspend, discontinue, or terminate the Services (or any part thereof) for any reason or no reason, without notice to you. In no event will WeatherFlow be liable to you or any third party for any such suspension, discontinuation, or termination. 

FEES AND PAYMENTS

Generally, you will have the option of subscribing to the Services with a prepaid annual plan (a “Prepaid Annual Plan”), a 12-payment annual plan (a “12-Payment Annual Plan”), or a month-to-month plan (a “Month-to-Month Plan”), at the rates set forth on the applicable Service’s subscription page. WeatherFlow may, from time to time, make other types of membership plans available for any Service and will list such plans on the applicable Service’s subscription page. 

All memberships are billed in advance of the applicable subscription period. All memberships automatically renew at the applicable rate at the end of each subscription period. At the time of automatic renewal, the subscription fee will be charged to the billing method last used by you. Membership fees are nonrefundable, except as expressly provided herein. 

• Prepaid Annual Plan: an annual membership plan billed on an annual basis. The Prepaid Annual Plan renews annually prior to the expiration of the one-year subscription term. 
• 12-Payment Annual Plan: an annual membership plan billed on a monthly basis. By subscribing to a 12-Payment Annual Plan, you commit to twelve (12) monthly payments, each payment equal to the applicable Prepaid Annual Plan rate divided by 12. 
• Month-to-Month Plan: a monthly membership plan billed on a monthly basis. Month-to-Month Plans renew automatically on a monthly basis at the applicable Month-to-Month Plan rate. 

You can cancel or change your membership plan by contacting us at least seven days prior to the next renewal date. We may, but are not obligated to, send an email reminder ten (10) days prior to the automatic renewal of an annual membership plan, so please keep your email address current. If you have not informed us that you wish to change or discontinue your subscription, you will be presumed to have authorized WeatherFlow to charge the applicable renewal subscription fee to the payment method last used by you. 

From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any change or increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

WeatherFlow is subject to certain taxes, duties, other governmental charges, and other regulatory mandates (“Taxes”) associated with or resulting from your use of the Services. WeatherFlow may pass on some or all of such Taxes to you, to the extent permitted by applicable laws. Such Taxes will be identified on the invoices or receipts we provide to you. 

Failure to pay any amounts due and owing to WeatherFlow may result in temporary or permanent suspension, deactivation, or deletion of your account and any or all of your User Content. 

Early Termination

Termination of any membership plan prior to the expiration of the then-current membership plan term may result in an early termination fee. More information about the applicable early termination fee is available during the subscription process. 

Credits 

Prepaid Annual Plans impacted by permanent service discontinuation may be eligible for a credit (an “Annual Membership Cancellation Credit”). To be eligible for the Annual Membership Cancellation Credit, you must have received less than six (6) months of the Service. Note that annual plan pricing assumes that a member uses the Service for approximately six (6) months of the year because of the seasonal nature of most members’ use of the Service, and all annual plans are priced accordingly. The Annual Membership Cancellation Credit will be calculated as the difference between (x) the price paid for the then-current Prepaid Annual Plan less (y) the number of months of use of the Prepaid Annual Plan multiplied by the then-current Month-to-Month rate for the same level of the Service. Any Annual Membership Cancellation Credit due to you is a credit that may be applied to future subscriptions to WeatherFlow Services and not a cash refund.

THIRD-PARTY LINKS AND SERVICES

The Services may include links or references to third-party websites or services (“Third-Party Links”) solely as a convenience to you. We do not endorse or take any responsibility for the sites, products, services, information, content, or materials accessible through Third-Party Links (“Third-Party Content”). Your access to and use of Third-Party Content, is solely at your own risk and may be governed by different terms of use and privacy policies. WeatherFlow will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on Third-Party Content. 

The Services may allow you to participate in promotions or transactions with third parties (“Third-Party Transactions”), such as advertisers or sponsors. Third-Party Transactions are solely between you and the third party, and you understand and agree that WeatherFlow will not be responsible or liable for any loss or damage in connection with or resulting from such Third-Party Transactions. 

RESTRICTIONS ON USE

Your failure to comply with the provisions set forth below may result (at WeatherFlows’ sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability. WeatherFlow will use all legal means to collect damages and prosecute to the fullest extent of the law. 

In addition to all other terms and conditions of this Agreement, you may not, whether yourself or through any other means or person:

(i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Services or Licensed Content, or in any way publicly display, perform, or distribute them;

(ii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource, device, equipment, or service provider of WeatherFlow;

(iii) use the Services for illegal purposes or to transmit any material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, harmful to minors, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that infringes or may infringe intellectual property or other rights of another person;

(iv) use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email;

(v) transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

(vi) impersonate any person or entity, including but not limited to, a WeatherFlow official, forum leader or moderator, host, employee, contractor, consultant, or affiliate; or falsely state or otherwise misrepresent your affiliation with a person or entity of any kind;

(vii) collect, forward, or create a database by systematically downloading and storing all or any of the Licensed Content from the Services;

(viii) use the Services in violation of any applicable local, state, national or international law (including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange of the NASDAQ, and any regulations having the force of law), or for any immoral or unauthorized purpose;

(ix) use the Services or the Licensed Content for non-personal or commercial purposes without WeatherFlow’s express prior written consent; 

(x) use the Services or the Licensed Content for any form of wagering, betting, or gambling; 

(xi) falsely express or imply any sponsorship or endorsement by WeatherFlow; or

(xii) infringe or violate any of these Terms.

For avoidance of doubt, you may not use or disclose the Services, Licensed Content, or Consumer Station Data, either directly or indirectly, for the purpose of triggering a payout effect within any form of risk transfer, including without limitation insurance, reinsurance, financial transactions or capital markets transactions. 

INTELLECTUAL PROPERTY

All intellectual property rights in and to the Services and Licensed Content, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of WeatherFlow or its affiliates or licensors and, to the extent applicable, are protected by U.S. and international copyright, patent, trademark, or trade secret laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Services are the registered and unregistered Trademarks of WeatherFlow and its licensors. You agree that, except as expressly permitted by us or by our licensors, where applicable, you will not use any of the Trademarks for advertising or promotion purposes and that you will not imply any endorsement by or relationship with WeatherFlow or its licensors. Further, notwithstanding any of the foregoing, you will cease all use of our Trademarks immediately upon our request. 

If you choose to provide input and suggestions regarding the Services, then you hereby grant [COMPANY] an unrestricted, perpetual, irrevocable, non-exclusive, transferable, sublicensable, fully-paid, royalty-free right to use, reproduce, create derivative works of, modify, and otherwise exploit the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.

DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to the Terms will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator will be final and unappealable. The arbitration will be conducted in Santa Cruz County, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, WeatherFlow may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Should you desire to file any cause of action against WeatherFlow arising out of or related to the Services, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will permanently bar the cause of action and constitute your complete and final waiver of any lawsuit in connection therewith. 

APPLE

If you use an Apple device to access, use, or download certain Services from the Apple App Store (“Apple Device Services”), then you agree and acknowledge that:

• Apple, Inc. is not a party to and bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Apple Device Services maintenance and support;
• In the event of any failure of the Apple Device Services to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price you paid to Apple for such Apple Device Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Device Services;
• You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Apple Device Services or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, product liability, consumer protection, privacy, or regulatory or legal conformance; and
• Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

MODIFICATIONS TO THE SERVICES

WeatherFlow reserves the right, but not the obligation, to upgrade, modify, adapt, enhance, or change the Services, the Services’ features, the user interface and design, the extent and availability of the Licensed Content, and any other aspect of the Services (collectively, “Upgrades”) at any time, without notice to you. You will have no claim, complaint or demand against WeatherFlow for applying such changes or for failures incidental to such changes. Any Upgrades will be subject to these Terms. 

COMMUNICATIONS AND NOTIFICATIONS

By subscribing to the Services, you consent to receiving certain communications from WeatherFlow, including necessary service announcements and administrative messages, or newsletters and other marketing communications. You cannot opt out of necessary communications; we provide these communications to you as a necessary part of the Services. You may opt out of any newsletters, marketing, or other optional communications by following the instructions or clicking on the unsubscribe link in any such communication. 

The Services may allow you to subscribe to notifications from the Services via email, text, or mobile device notification. You understand that, when you receive any such communications from us, including emails, texts, or mobile device notifications, you may incur text and data rates or other charges from the company that provides you with telecommunications, wireless and/or internet services. You can subscribe, unsubscribe, or re-subscribe to any of the notifications we send to you by following the instructions provided in the relevant communication. 

LIMITATION OF LIABILITY

WEATHERFLOW, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT OR ERROR MADE BY WEATHERFLOW OR ANYONE ACTING ON ITS BEHALF, INCLUDING THIRD PARTY SERVICE PROVIDERS, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR WITH OTHER USERS ON OR THROUGH THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES. IN NO EVENT WILL WEATHERFLOW’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY OF THE SERVICES, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICES.

DISCLAIMER

WEATHERFLOW PROVIDES THE SERVICES AND LICENSED CONTENT FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND THE LICENSED CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM WEATHERFLOW, ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN 

You agree and acknowledge that you assume full, exclusive and sole responsibility for your use of and reliance on the Services, and you further agree and acknowledge that your use of or reliance on the Services is made entirely at your own risk. Windsurfing, sailing, kiteboarding, kiting, kitesurfing, yachting, fishing, sailboarding, boardsailing, snow kiting, or any other type of activity on land, on water, or in the air (“Sport Activities”) can be dangerous. The Services and the Licensed Content do not, and are not intended to, make any recommendations or suggestions as to the safety, advisability, or risks involved with any Sport Activities at any given time. WeatherFlow maps are provided as a reference only and should not be used for navigational purposes. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Services and engaging in any activity.

THE INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED TO REPLACE THE INFORMATION OR CONDITIONS YOU PERSONALLY OBSERVE. IN THE EVENT THAT THE INFORMATION OR CONDITIONS YOU OBSERVE ARE DIFFERENT THAN THE INFORMATION PROVIDED BY THE SERVICES, YOU MUST NOT RELY ON THE SERVICES. FURTHER, THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RELEASE AS CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE AND, AS SUCH, WEATHERFLOW SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH ACTIVITIES AND USES. 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless WeatherFlow, its officers, directors, employees, suppliers, licensors, affiliates, and successors from and against any losses, damages, liabilities, demands, judgments, settlements, fines, costs, and expenses (including attorney's fees and costs) (“Losses”) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violation of any provisions of these Terms, or any other claim related to your use of the Services, except where such use is authorized by WeatherFlow. Without limiting the foregoing, you agree to indemnify, defend, and hold harmless WeatherFlow against any and all Losses resulting from any kind of injury or damage to person or property arising out of or resulting from any Sport Activities in which you engage. 

WeatherFlow reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding when we become aware of it.

EXPORT CONTROL

The Services and other technology licensed hereunder are subject to the export control laws and regulations of the United States. You acknowledge that your access to, downloading, use, possession, export or re-export of the Services to (or to a national or resident of) any country outside of the United States is subject to export controls and other applicable laws that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Services. Determination of the applicable law and compliance therewith is your sole obligation and responsibility. For any use contrary to the restrictions set forth herein or law, you hereby agree to indemnify and hold harmless WeatherFlow from any responsibility or liability in connection therewith.  You represent and warrant that: (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

ASSIGNMENT

You may not assign or transfer your rights in and to the Services, without the prior written consent of WeatherFlow. WeatherFlow may assign its rights in and to the Services to a third party at its sole and absolute discretion, provided that the third party undertakes WeatherFlow’s obligations to you under these Terms.

INTERNATIONAL 

We operate the Services in the United States, which means that if you choose to access our Services from a location outside the United States, you acknowledge and consent to the collection, transmission, use, storage, and processing of your personal information in countries outside of your country of residence. Unless we enter into a separate, mutually signed, written agreement with you on different terms, we do not represent that the Services are available for use in jurisdictions outside of the United States. You agree you are solely responsible for complying with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services to the extent such laws are applicable.

SURVIVAL AND SEVERABILITY

The representations, warranties, covenants, liability, indemnification, and other obligations in these Terms will survive termination of these Terms. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect.

NO LEGAL RELATIONSHIP

Nothing in these Terms creates any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and WeatherFlow. Your use of the Services is intended for your enjoyment and benefit and the provision of the Services to you (subject to your compliance with these Terms) constitutes the sole and sufficient consideration that you are entitled to receive for any User Content or other contributions you may have made to the Services.

WAIVER

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any part of the Terms will be effective only with our written, signed consent. 

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the State of California without reference to the principles of conflicts of laws thereof. Venue for any legal proceedings will be in Santa Cruz County, California.  The parties expressly stipulate that the 1980 Convention on Contracts for the International Sale of Goods will not apply, nor will the Uniform Computer Information Transactions Act.

INTERPRETATION

For purposes of these Terms, (a) the words “include,” “includes,” and “including” will be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole.

ENTIRE AGREEMENT

These Terms, together with the policies that are an integral part of these Terms, including the Privacy Statement, will all constitute the entire and complete agreement between you and WeatherFlow concerning the Services. In the event any content, information, or material on the Services is in conflict with these Terms, these Terms will control. 

CONTACT US

You may contact us concerning any question about the Services through the channels listed on the Services or via our Contact Us page. 

 

WeatherFlow Inc.

108 Whispering Pines Dr. Suite 245

Scotts Valley, CA 95066

support@weatherflow.com