TERMS OF USE
1. ACCEPTANCE OF TERMS
Weatherlogics Inc. (“Weatherlogics”), provides Services (as defined below) to you through this website (“Website”) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website.
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Weatherlogics reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly. These Terms were last updated on May 1, 2017.
If you do not agree with one or more of these Terms, do not access or use this Website or the Services.
2. REGISTRATION OBLIGATIONS
To use certain areas of this Website, you must first complete the registration process to create an account (“Account”) and select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Weatherlogics if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Weatherlogics has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Weatherlogics has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website.
Weatherlogics may act upon any communication that is given through your Account or by using your Credentials. Weatherlogics is not required to verify the actual identity or authority of a person using your Account or Credentials, but Weatherlogics may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Weatherlogics is not satisfied with the verification. If Weatherlogics, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Weatherlogics may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
3. DESCRIPTION OF SERVICES
Weatherlogics is offering to persons who have Accounts weather forecasting, research, and statistics and related services (the “Services”). The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when purchasing the Services.
4. PRIVACY POLICY
Your Credentials, Registration Data and any other information that you provide to us through this Website, as well as certain other information about you, is subject to Weatherlogics’ Privacy Policy (https://www.weatherlogics.com/privacy-policy/). Your privacy is important to us. For more information, please see our Privacy Policy for details.
5. USE OF THE WEBSITE
Weatherlogics authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with Weatherlogics or using the Services. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Weatherlogics is strictly prohibited. Weatherlogics reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Weatherlogics reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
6. TRADE-MARKS AND COPYRIGHT
Weatherlogics Inc., this Website and related words and logos are trade-marks or trade-names of Weatherlogics in Canada and other jurisdictions. Weatherlogics is also the owner in Canada as well as other foreign jurisdictions of additional trade-marks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Weatherlogics. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Weatherlogics or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Weatherlogics materials remains with Weatherlogics and any unauthorized use of such materials is strictly prohibited. Weatherlogics reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.
7. HYPERLINKS
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Weatherlogics has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
8. INDEMNITY
You will defend, indemnify and hold harmless Weatherlogics from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Weatherlogics retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
9. DISCLAIMERS
You understand and agree that:
(a) Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither Weatherlogics, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Weatherlogics Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and Weatherlogics Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
(b) Weatherlogics Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Weatherlogics Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
(c) The access to and downloading of material from this Website is done at your own risk. Weatherlogics makes reasonable efforts to ensure that this Website is virus-free, but Weatherlogics does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
10. LIMITATIONS OF LIABILITY
IN NO EVENT WILL COMPANY PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE SERVICES. WEATHERLOGICS PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF COMPANY PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 10 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
11. GENERAL
These Terms, the Privacy Policy and all other notices, policies and statements contained on this Website (all as may be amended by Weatherlogics from time to time without prior notice) constitute the entire agreement between Weatherlogics and you. These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Terms is superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
The relationship between Weatherlogics and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Manitoba, Canada and the laws of Canada applicable in Manitoba, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Manitoba.
To the extent permitted by applicable law, unless Weatherlogics agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website, these Terms or the Privacy Policy, will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. The foregoing does not, however, preclude Weatherlogics from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
12. CONTACT US
We value your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by Weatherlogics. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.
TERMS AND CONDITIONS OF SALE
The following terms and conditions (these “Terms”) apply to your purchase of weather forecasting, research, and statistics and related services (“Services”) from Weatherlogics Inc. (“Weatherlogics”) through this website (this “Website”). Please read these Terms carefully. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
These Terms must be read with this Website’s general terms and conditions (the “General Terms”) (https://www.weatherlogics.com/terms/), and the terms of any purchase order, quotation or invoice, and of any Services purchased by or licensed to you. By using this Website, you are also subject to the General Terms.
By clicking “I Agree”, you acknowledge that you have read, accepted and agreed to be bound by these Terms.
These Terms are subject to modification by Weatherlogics without prior written notice at any time, in Weatherlogics’ sole discretion. The version of these Terms applicable to your purchase will be the version in effect on the day you submit the applicable order to Weatherlogics.
Section 1. Price and Payment Terms
The total price and all other related charges for Services will be set out in your purchase receipt. Prices offered or advertised do not include applicable sales taxes, which will be added to the price you pay. Weatherlogics will also provide confirmation of your order to the email address you provided during your registration process.
All payment and credit terms are within Weatherlogics’ sole discretion and will be as specified during your purchase process. Unless otherwise specified, payment must be made in full and received by Weatherlogics prior to Weatherlogics’ acceptance of an order for Services. If Weatherlogics permits and agrees to credit terms, invoices are due and payable within thirty days after the date of the invoice, or such other period as agreed by Weatherlogics during the order process. Weatherlogics may invoice parts of an order separately. Any price estimate or quotation provided by Weatherlogics will only be valid for the period stated for the estimate or quotation.
Advertisements on this Website are invitations to you to make offers to purchase services and are not offers to sell. A properly-completed order on this Website by you constitutes only your offer to purchase the Services in your order, even if Weatherlogics has processed payment for such offer. Your order will be accepted only if and when Weatherlogics sends a notice email to the email address you provided during your registration or order process. If Weatherlogics does not accept your order in whole or in part, Weatherlogics will refund any amounts paid by you to Weatherlogics for the order or part of the order not accepted.
Weatherlogics will not refund any amount paid by you to Weatherlogics in the event you cancel the Services.
Any price offers or advertisements given by Weatherlogics will be valid for the period stated on the offer or advertisement, except that Weatherlogics reserves the right to reject any sale for any reason, including without limitation for a misprint in the price offer or advertisement.
You are responsible for all goods and services and retail sales taxes, and all other taxes associated with the order, except taxes on Weatherlogics’ net income. Separate charges for taxes will be shown on the order invoice.
Section 2. Delivery of Services
Weatherlogics will arrange delivery of the Services to the e-mail address you provided during your registration.
Section 3: Intellectual Policy
In this Agreement, “Proprietary Intellectual Property” means:
i. all information disclosed by Weatherlogics, or its agents, representatives, and employees, to you in providing the servives; and
ii. any documents, materials and/or data delivered by Weatherlogics to you, whether formal or informal and whether written, verbal, or in electronic form.
You agree that Weatherlogics may, in reliance on this Agreement, provide you with access to and/or directly send you Proprietary Intellectual Property. You therefore agree that:
i. all Proprietary Intellectual Property is the sole property of Weatherlogics, including without limitation with respect to any copyright interest therein. To be clear, Weatherlogics is not and will not transfer ownership of any Proprietary Intellectual Property to you without prior consent in writing by way of a separate agreement;
ii. all Proprietary Intellectual Property will be kept confidential and will not, without prior written consent, be disclosed by you to any third party. The Proprietary Intellectual Property shall only be used solely for the benefit of the Client;
iii. that the Proprietary Intellectual Property will be returned to Weatherlogics immediately, including all copies made of the Proprietary Intellectual Property, upon you breaching any term of this Agreement; and
iv. your obligations with respect to Weatherlogics’ Proprietary Intellectual Property as set out in this Agreement shall remain in effect, indefinitely, after the termination of this Agreement for any reason.
Section 4. Limitations of Liability
While Weatherlogics will provide the Services in a professional and diligent manner, due to the unpredictable nature of weather, the Client agrees Weatherlogics is not liable and will hold Weatherlogics harmless from all claims, liability and expenses caused wholly or in part by Weatherlogics providing the Services unless Weatherlogics was negligent in doing so.
IN NO EVENT WILL COMPANY PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES OR LOSSES OR DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES OR OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THESE TERMS, THE USE OF THIS WEBSITE OR THE SERVICES. WEATHERLOGICS PARTIES WILL NOT BE LIABLE FOR ANY ACTUAL OR ALLEGED INFRINGEMENT BY ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE SERVICES. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF COMPANY PARTIES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU IN THE ONE MONTH IMMEDIATELY PRIOR TO ANY CLAIM. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, DELAY, CLAIM OR LIABILITY.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 3 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
Section 5. Entire Agreement
These Terms set forth the entire agreement of the parties with respect to its subject matter. These Terms may not be altered, supplemented, or amended by the use of any other documents. Any attempt to alter, supplement or amend this document or to enter an order for Services that are subject to additional or altered terms and conditions will be null and void. These Terms may be changed by Weatherlogics at any time, in its sole discretion without prior notice, with respect to any future sales or transactions with you.
Section 6. Privacy
You have read Weatherlogics’ Privacy Policy (https://www.weatherlogics.com/privacy-policy/), the terms of which appear on this Website and are incorporated into these Terms. You agree that the terms of this policy are reasonable. You consent to the collection, use and disclosure of your personal information by Weatherlogics or its agents or representatives in accordance with the terms of and for the purposes set forth in the Privacy Policy.
Section 7. Governing Law, Disputes and Language
These Terms and the subject matter of these Terms and all related matters will be governed by the laws of the Province of Manitoba, Canada and the laws of Canada applicable in Manitoba, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the U.S. Uniform Commercial Code, and excluding any conflict of laws rules. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Manitoba.
To the extent permitted by applicable law, unless Weatherlogics agrees otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the Services, this Website, the General Terms and these Terms (each, a “Claim”) will be determined by final and binding arbitration to the exclusion of the courts. Where applicable, arbitration will be conducted in Manitoba on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or territories in which you reside on the date of the notice. The foregoing does not, however, preclude Weatherlogics from seeking injunctive relief in other jurisdictions when necessary to protect its interests. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
Section 8. Notices
Except as explicitly stated otherwise, any notices will be given to Weatherlogics by email to info@weatherlogics.com and to you to the email address you provide to Weatherlogics during the sale or registration process. Notice will be deemed given twenty-four (24) hours after the email is sent.
Section 9. General
The relationship between Weatherlogics and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or your use of this Website. The failure of Weatherlogics to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by you. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms will be ruled unenforceable, then the remainder will be enforced to the extent permissible. This Website is not intended for use by children under the age of 16. Use of this Website is void where prohibited by applicable law.
Section 10. Customer Support and Information
Please contact us at https://www.weatherlogics.com/contact/ for assistance with questions about your purchase, shipment, warranty service, and any exchanges, returns, cancellations or transfers, or to change your address or to inquire about orders, bills and invoices.
Effective as of May 1, 2017.
