Terms of Service

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Weather Strike, LLC (“WeatherStrike”) and located at weatherstrike.com and weatherstrike.net (the “Site”) including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to create, test and host promotion-specific custom landing pages for online marketing purposes (the “Services”). This Agreement is legally binding between you, the person using this Site, and WeatherStrike. Terms such as “we,” “our” and “us” refer to WeatherStrike.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO WEATHERSTRIKE’S PRIVACY POLICY LOCATED AT https://weatherstrike.com/privacy-policy (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE THROUGH THE SITE; OR (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services.

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

WeatherStrike may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with WeatherStrike, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Profile Information and Account

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to WeatherStrike for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify WeatherStrike immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying WeatherStrike immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.

By providing us with your phone number, you agree to allow WeatherStrike to contact you via that telephone number regarding all billing notices and/or inquiries (including, but not limited to: payment issues, billing discrepancies, declined/failed payments and/or expired payment methods). It is your responsibility to update or change that phone number, as appropriate.

Fees

You shall pay all fees specified in any use of the Site (“Fee” – Cost per Report). We will charge you for each report requested and prepared by WeatherStrike based on the Fee Options for reports specified by the user. Such Fees shall be billed immediately after each successful run and preparation of each WeatherStrike report and are non-refundable except as specifically mentioned in these Terms of Service.

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your report fee at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.

Intellectual Property Rights

All right, title, interest and ownership and intellectual property rights in and to the Site, WeatherStrike’s trademarks, patents and the reports provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, charts, images, logos, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, are and will remain the property of WeatherStrike or its software or content suppliers. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.

Subject to the terms and conditions of this Agreement, WeatherStrike grants to you, during the term of this Agreement, a non-transferable, non-sub licensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid report fees.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to WeatherStrike related to the Services, the Site or its business (“Feedback”) shall become WeatherStrike’s property without any compensation or other consideration payable to you by WeatherStrike, and you do so of your own free will and volition. WeatherStrike may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative WeatherStrike may decide into the Site, its software, services, documentation, reports, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to WeatherStrike in any Feedback and, as applicable, waive any moral rights.

WeatherStrike owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.

The following are registered trademarks, trademarks or service marks of Weather Strike, LLC. or its Affiliates: WeatherStrike™. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Weather Strike, LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of WeatherStrike, LLC or its Affiliates.

Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from WeatherStrike during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

Disclaimer of Warranties

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEATHERSTRIKE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

WEATHERSTRIKE DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, WEATHERSTRIKE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT WEATHERSTRIKE, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE.

WEATHERSTRIKE IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY WEATHERSTRIKE, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY WEATHERSTRIKE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEATHERSTRIKE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE IS OFFERED AND CONTROLLED BY WEATHERSTRIKE FROM ITS FACILITIES IN THE UNITED STATES. WEATHERSTRIKE MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Support

Account Holders

Account users are permitted to request support or access support resources. If any attempt is made by another party other than the account holder to access support in a manner not specified, we reserve the right to suspend indefinitely the account without notice or consent.

Re-posting content from any portion of this site, including support forum and documentation materials, is strictly prohibited. If any attempt is made to re-post content in a manner specified above, we reserve the right to suspend indefinitely the account without notice or consent.

Sharing or Reselling your account is not allowed. If we discover a violation of this rule, we reserve the right to immediately suspend the account without notice, indefinitely.

Inactive Account

If your user account is inactive for ONE YEAR, (a) your account saved property information and reports will be deleted and will no longer be accessible by you to download, (b) all rights granted to you under the Agreement will immediately cease, and (c) you can request that WeatherStrike reload the account property information and saved reports for a $100 fee. WeatherStrike will not be liable to you or any third party for termination of this Agreement or any termination or suspension of your use of the Services.

YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE DELETED FROM YOUR ACCOUNT UPON YOUR ACCOUNT BECOMING INACTIVE FOR OVER ONE YEAR. THIS CONTENT IS PERMENATLY DELETED AND CANNOT BE RECOVERED FOR AN ACCOUNT BECOMING INACTIVE OVER TWO YEARS. IF YOUR ACCOUNT IS NOT ACTIVE, WEATHERSTRIKE WILL NOT STORE CONTENT ON YOUR BEHALF.

Limitation of Liability / Exclusion of Consequential and Related Damages

NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THE AGREEMENT.

IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN WEATHERSTRIKE AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT WEATHERSTRIKE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

WeatherStrike reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. WeatherStrike shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.

Indemnity

You agree to indemnify, defend, and hold harmless WeatherStrike, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. WeatherStrike reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WeatherStrike and you agree to cooperate with WeatherStrike’s defense of these claims. You agree not to settle any matter without the prior written consent of WeatherStrike. WeatherStrike will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Cancellation and Termination

If you wish to cancel your user account, you can do so by logging into your account and proceeding with this option through the user profile settings page. If you are unable to find this option within the user profile settings page or if you have questions or need assistance, please contact Support and they can assist you with the cancellation process.

Upon cancellation of your user account, WeatherStrike is under no obligation to maintain or store your account information or Content. WeatherStrike may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with WeatherStrike’s processes and practices.

WeatherStrike reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, WeatherStrike may, in its sole discretion, at any time, temporarily or permanently suspend access to your account or Services for any violation or suspected violation of this Agreement. WeatherStrike also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. WeatherStrike reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

Refund Policy

The WeatherStrike reports are fee based for each report and the user account is not billed until a report is successfully run and prepared. A report with no weather information from NOAA/NWS is still valuable information for the weather conditions for that location for the specified date range. A refund will only be made if a report is not complete or did not properly appear in the user account. The user is completely responsible for verifying the proper site location and the date range before running a WeatherStrike report.

Discount Policy

On occasion, WeatherStrike may offer purchase incentives in the form of fee discount codes.

Agreement to Governing Law and Jurisdiction

If there is any dispute between you and WeatherStrike about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Houston, Harris County, Texas, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that WeatherStrike may seek and obtain injunctive relief in any jurisdiction.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Legal Remedies

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if WeatherStrike does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which WeatherStrike has the benefit of under any applicable law), this will not be taken to be a formal waiver of WeatherStrike’s rights and that those rights or remedies will still be available to WeatherStrike.

Surviving Provisions

The sections of “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity” and “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

Manner of Giving Notice

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.