Terms and Conditions
The following are Understory’s (hereafter “Company”) terms and conditions (T&Cs) for using information found or accessed on understoryweather.com and in our weather reports. You must accept these T&Cs before obtaining or using our weather reports or accessing weather information on any of the Company’s websites. Your acceptance of these T&Cs will create a binding agreement that governs your use of the Company’s weather reports or any other data or services. If you do not agree to be bound by these T&Cs, do not use the Company’s website or weather reports or data.
Definitions
- “Reports” refers to weather reports provided through our websites or otherwise. We provide a variety of weather reports such as Precipitation Reports, Ice Dam Conditions Reports, Hail Forensic Reports, and Wind Reports.
- “Data” refers to any information provided to you from us through our websites or otherwise.
- “We”, “us”, and “our” refer to Understory, Inc. and its subsidiaries and affiliates.
- “You” refers to the person entering into this agreement with us. For the purposes of this agreement, “person” means an individual, corporation, partnership, government jurisdiction, agency, or other entity on whose behalf the reports and data are being obtained.
Intellectual Property
The reports, data, and all websites, information, applications, analyses, and services provided are the proprietary property of the Company. All intellectual property rights provided or used in relation to the preparation and delivery of the reports, data, or related services are the Company’s property. You may not copy, modify, adapt, create a derivative work of, reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of underlying software or any other intellectual property of the Company. You agree never to remove any notices or identification labels from the reports or related services.
Warranty Disclaimer
All reports and data sold, licensed, provided through the websites, or otherwise are governed by this agreement and are provided on an “as is,” “as available,” and “with all faults” basis. The Company makes no warranties, conditions, or representations to you with respect to the correctness or accuracy thereof, whether oral, written, express, implied, or statutory.
You acknowledge and agree that the Company will not be liable for any error, omission, defect, deficiency, inconsistency, or nonconformity in the reports or data.
The Company expressly exclude and disclaim any implied warranty of merchantability, accuracy, or fitness for a particular purpose or that the reports and/or data, or your use thereof, will be error free or uninterrupted. You assume all risks associated with the use of the reports and/ or data.
Grant of License
The Company reserves the right to restrict your access to part or all of the Company’s websites, reports, and/or data at any time without notice or liability.
Subject to the terms of this agreement, the Company hereby grants you a nonexclusive, nontransferable license to use the reports and/or data for personal or internal business use. You may not use or disseminate the reports and/or data in any manner that, in the Company’s sole judgment, could affect the Company’s ability to license the reports and/or data or could cause the information so used or disseminated to be a source of or substitute for reports or data otherwise available from the Company.
Limited License
You agree that reports and screenshots of reports and data or prints of maps and images that contain the Company’s data are limited to your internal use and shall not be distributed to any third party without our express written consent.
Limitation of Liability
In no events or circumstances shall the Company or its officers, directors, employees, shareholders, agents, or representatives have any liability whatsoever under the agreement or terms of use for any direct, indirect, special, incidental, exemplary, punitive, consequential, or any other similar type of damages, including but not limited to lost profits, loss of data, business interruption, loss of goodwill, loss of business opportunities, software error, accuracy or correctness of data, or costs of procurement of substitute goods or services, or for any direct, indirect, special, incidental, or consequential damages however caused and under any theory of liability and whether or not you or any other party have been advised of the possibility of such damages.
The Company’s maximum liability arising out of any cause whatsoever, whether such cause be based in contract, negligence, strict liability, other tort or any other cause, shall be limited to the amount paid for the services by you in the six months preceding the notification.
Payment
You agree to pay all fees associated with the access of reports and data as listed on our websites or otherwise agreed upon in a separate contract. The Company may change any fee and/or modify the payment terms for reports and data by giving advance notice of the change and its effective date.
Understory fees are exclusive of taxes and, if undisputed by you, shall be due and payable within thirty (30) days from date of invoice or date of order, whichever is earlier. Late payments are subject to interest at a rate of one and one half (1 1/2) percent per month. You will reimburse the Company for all additional collection costs incurred.
If a good faith dispute of charges exists, you must provide us with written notice within thirty (30) days of your receipt of the charge. You agree to pay any undisputed portions when due.
Termination
The Company may terminate this agreement and/or refuse to provide you with reports or data for any reason, including and without limitation your failure to pay for the reports or data.
Without limiting other rights or remedies, the Company may immediately suspend or terminate your access to reports and/or data if 1) you breach this agreement; 2) the Company is unable to verify any information you provide; or 3) if the Company ascertain, at its sole discretion, that your actions may cause legal liability for you, the Company, other users, or third parties.
Indemnification
You agree to indemnify, defend, and hold the Company, our subsidiaries and affiliates and each of our respective officers, directors, agents, employees, successors, independent contractors, and suppliers harmless from any claim, demand, action, cost, and expense, including attorneys’ fees, due to or arising out of your breach of any warranty, representation, or obligation set forth in this Agreement; your negligence or willful misconduct; your violation of any law, regulation, or right of any third party; any dispute or action between you and any third party, including parties selling or advertising goods or services on this website; and your use of the reports and/or data. You agree that the Company assumes no responsibility for the content you submit or make available through our services.
Assignment
The Company may transfer and assign this agreement and our rights and obligations hereunder, in whole or in part, at any time with or without notice to you. You may not transfer and assign this agreement or your rights and obligations hereunder, or any part thereof, to any other person or entity.
Waiver
The Company’s failure to enforce any provision of the agreement will not be deemed a waiver of that provision or of the right of future enforcement.
Governing Law
The validity, construction, interpretation, and enforceability of the agreement will be determined and governed by the laws of the United States of America and the State of Massachusetts, applicable to agreements made and to be performed wholly within such jurisdiction. You and the Company will attempt to resolve conflicts or disputes under this agreement in a fair and reasonable manner and agree, if resolution cannot be made, to attempt to mediate the conflict through a professional mediator. In the case that mediation fails to settle any dispute which arises under this agreement, or which related in any way to this agreement or the subject matter of this agreement, the dispute or action shall be subject to arbitration under the rules governing commercial arbitration as promulgated by the American Arbitration Association before a single arbitrator in Boston, Massachusetts.
If any provision of this agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions of the Agreement will remain in full force and effect and will not be impaired or invalidated in any manner.
Entire Agreement
This agreement constitutes the entire agreement between you and the Company pertaining to the use of the reports and/or data. This agreement will not be varied by any oral agreements or representations, or otherwise.
Miscellaneous
You authorize the Company to provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of our website, weather reports, and data, or as otherwise described in the Privacy Policy.
If you do not agree to these T&Cs, you should immediately stop using our website, weather reports, and data. If you want to delete your account, please use contact us immediately via email.
Updates
Our T&Cs may change from time to time and all updates will be posted on this page.