1. COOKIES
1.1. Your browser must accept cookies.
1.2. Cookies will only be used to store your preferences.
2. USER EMAILS
2.1. Your email addresses will not be shown, given or sold.
2.2. Your personal email address will only be used for Hail Point to communicate with you and to send you a new password in case you request it.
3. USER PASSWORD
3.1. Your user password will be stored in an irreversible format.
3.2. Your user password will never be shown, sold or given.
4. SUBSCRIPTIONS
THIS SUBSCRIBER LICENSE AGREEMENT (the “Agreement”) is made and entered into today (the “Effective Date”) by and between Hail Point, a Wright Weather,LLC Service (hereinafter referred to as “Hail Point”) and you, the internet user (hereinafter referred to as “Subscriber”).
WHEREAS, Hail Point is a provider of an on-line weather data service primarily accessed via the World Wide Web at www.hailpoint.com (the “Service”) for providing weather-related information on-line, including but not limited to standard and customized weather maps, data, charts, graphics and animated images developed by Hail Point (the “Content”);
WHEREAS, Subscriber desires to obtain access to the Content via such Service and Hail Point desires to provide Subscriber with such access through a subscription to the Service; and
WHEREAS, Hail Point and Subscriber mutually desire to set forth in this Agreement certain terms and conditions applicable to the subscription to the Service and use of the Content.
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as follows:
4.1. LICENSE GRANT. Subject to the terms and conditions of this Agreement, Hail Point grants to Subscriber and Subscriber accepts from Hail Point, a non-transferable, non-exclusive license to access the Content via the Service solely for internal business purposes.
4.2. RESTRICTIONS ON USE. Subscriber may not: (i) modify, translate, reverse engineer, decompile, disassemble, upload, post or create derivative works based on the Content or Service; (ii) assign, rent, lease, grant a security interest in, or otherwise transfer any rights to the Content or Service; or (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Content or Service. Additional restrictions, if any, on Subscriber’s use of the Content and/or Service are set forth in Exhibit A.
4.3. PASSWORD. Hail Point shall provide one user-ID and a password to allow on-line access from any site by an authorized user. Only one (1) authorized user may use the service at one time. Additional users must purchase additional accounts. An authorized user of Subscriber must be 1) Subscriber, if Subscriber is an individual, 2) a person employed by Subscriber or 3) a person approved by Subscriber if and only if agreed upon by. Subscriber shall Hail Point maintain its user-ID and password(s) in strict confidence. Subscriber agrees to monitor and require each authorized user’s strict compliance with this Agreement. Hail Point reserves the right to revoke and change the user-ID and password(s) as deemed necessary by Hail Point. All terms and conditions of this Agreement are applicable to all passwords issued under this Agreement and Subscriber agrees to assume sole responsibility for compliance therewith, for all charges incurred for each and every password and for maintaining the security of each and every password. Subscriber shall be liable for all use of the Content and Service if such use is via Subscriber’s password(s) and user ID. Hail Point reserves the right to modify or suspend access to the Content or Service at any time for any reason without notice or refund.
4.4. FEES. Subscriber shall pay to Hail Point the monthly subscription fees set forth in Exhibit A for access to the Content via the Service. Subscriber is responsible for all charges incurred while its account and password(s) are being used. All charges for the Content and Service shall be in accordance with the then current fee schedule set forth in Exhibit A hereto. Subscriber agrees to pay all fees (including applicable taxes) on account of use of the Content and Service. Hail Point reserves the right to change its fees for the Content and Service at any time except for any pre-determined fees set forth in Exhibit A. Hail Point will notify Subscriber in writing of any such changes. Subscriber shall bear sole responsibility for the payment of any taxes imposed on Subscriber’s use of the Content and Service by the national and/or local jurisdictions of and within the country of Subscriber’s use.
4.5. OWNERSHIP/DATA
(a) The Service, its content, organization, gathering, graphics, design, compilation and other matters related to the Service and/or Content are protected under applicable copyrights, trademarks and other proprietary laws, including but not limited to intellectual property laws, and by international treaties. Subscriber does not acquire any title or ownership rights to the Service or to any Content developed by or for Hail Point and accessed through the Service. Subscriber acknowledges and agrees that it will not take any action that would jeopardize, limit or interfere in any manner with the operation of the Service.
(b) All software, systems, programs, records, statistics, data, documentation and any other material, whether tangible or intangible, developed by or for Hail Point in connection with this Agreement, the Service, the Content and/or at Subscriber’s request, shall be and remain the sole property of Hail Point. All rights, title to and interest in, including copyrights and renewals thereof, all software, systems, programming, records, statistics, data, documentation, manuals, components and accessories comprising the Service furnishing the Content hereunder and provided by Hail Point shall remain the property of Hail Point or its licensor(s) at all times.
(c) Hail Point holds all right, title and interest in and to the Content (including without limitation, copyrightable or patentable subject matter, trade secrets or other intellectual property rights). All customizations, modifications, adaptations, revisions, changes, enhancements, translations, abridgements, condensations, expansions or additions made to the Content shall be the sole and exclusive property of Hail Point and shall be considered a part of the Content, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto. Subscriber acknowledges that Hail Point owns all United States and international copyrights in the Content and any portions thereof. Subscriber shall not do anything to infringe upon, harm, or contest the validity of any intellectual property rights of Hail Point. Subscriber shall not remove or obscure Hail Point proprietary rights notices or fail to reproduce them on all copies of the Content in any form.
(d) Subscriber acknowledges and agrees that its use of the Content and Service, and any data or information accessed using the Content and Service will be at Subscriber’s own risk. Subscriber acknowledges and accepts that Hail Point shall not be responsible in any manner whatsoever for any errors in the Content, or in the accuracy or timeliness thereof or in the use of any such information. The Subscriber shall make and rely on their own independent investigation of the truth, completeness, accuracy and suitability of the data provided by Subscriber.
4.6. EQUIPMENT. Subscriber shall, at its own expense, acquire the compatible hardware and accessories needed to gain access to the Content by means of the Service. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Content and Service.
4.7. SUPPORT/ADDITIONAL SERVICES.
(a) Hail Point shall provide support for the Service as set forth in Exhibit B attached hereto and incorporated by reference herein. Subscriber agrees that Hail Point is not responsible for assisting with problems that are not directly related to the use of the Service. Hail Point reserves the right to interrupt Service, as necessary, to perform routine maintenance or error corrections, modifications or other changes. Hail Point will be judicious when interrupting service for above mentioned maintenance, but with round-the-clock data flow, some data interruption is inevitable.
(b) Additional support, including but not limited to training and customization services may be made available to Subscriber, upon Subscriber request and as agreed upon by Hail Point. Such additional services shall be provided to Subscriber at Hail Point’s standard prevailing rate, plus Hail Point’s reasonable out-of-pocket expenses incurred to provide such services.
4.8. INTEREST CHARGES. Subscriber acknowledges that the monetary obligations of Subscriber to Hail Point hereunder constitute a commercial account. Subscriber shall pay, in addition to all other amounts owed to Hail Point, interest calculated at 1 and 1/2 percent per month on all amounts that have been due and payable by Subscriber to Hail Point for 30 days or longer. If Hail Point employs any legal process to recover any amount due and payable from Subscriber hereunder, Subscriber shall pay all costs of collection and reasonable attorneys’ fees.
4.9. NO WARRANTY. THE CONTENT AND SERVICE ARE PROVIDED TO SUBSCRIBER “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION THEREIN OR PROVIDED BY THE SERVICE. ACCESS TO THE SERVICE MAY BE INTERRUPTED AND/OR DELAYED AND MAY NOT BE ERROR FREE.
4.10. DISCLAIMERS
(a) Hail Point expressly disclaims liability for the accuracy of information originating from third party weather data providers and any errors or omissions resulting from the use of such information. Neither Hail Point or any of its affiliates, agents, or licensors shall be liable to Subscriber or anyone else for any loss or injury caused in whole or in part by Hail Point’s procuring, compiling, interpreting, reporting or delivering the Service or any information through the Service. Hail Point expressly disclaims liability for the accuracy & timeliness of information as services are provided with good-faith efforts.
(b) Hail Point shall not be liable for any damages to, or viruses that may infect Subscriber’s computer equipment or other property on account of Subscriber’s access or use of the Content or Service. Subscriber acknowledges and agrees that the Content accessed through the Service, as well as the medium Subscriber may use to gain access to such services, are not fault-tolerant and may suffer from service outages, bottlenecks and similar internet system failures. Subscriber agrees that Hail Point shall have no liability for such failures and that its only recourse shall be limited to terminating this Agreement pursuant to Section 14.
(c) Hail Point disclaims any and all loss or liability resulting from, but not limited to: a) loss of data; b) loss of software or hardware; c) loss or liability resulting from access delays or access interruptions; d) loss or liability resulting from computer viruses; e) loss or liability resulting from the non-delivery or misdelivery of data; f) loss or liability resulting from any errors, omissions or misstatements in any and all information obtained on or through the Content or Service; g) loss or liability resulting from disclosure of confidential data; and h) loss or liability resulting from acts of God.
4.11. EXCLUSION OF DAMAGES. NEITHER HAIL POINT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE AND/OR THE CONTENT IS LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN WHOLE OR IN PART TO SUBSCRIBER’S ACCESS TO, OR USE OF, OR INABILITY TO USE, THE SERVICE AND/OR THE CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, LITIGATION, OR SIMILAR DAMAGES, UNDER ANY CIRCUMSTANCES, OR LEGAL THEORY, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF HAIL POINT, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
4.12. LIMITATION OF LIABILITY. WITHOUT LIMITING THE FOREGOING, SUBSCRIBER UNDERSTANDS THAT ITS EXCLUSIVE REMEDY AND THE CUMULATIVE LIABILITY OF HAIL POINT FOR ANY AND ALL CLAIMS RELATING TO THE CONTENT OR THE SERVICE PROVIDED BY HAIL POINT , IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE MONTHLY SUBSCRIPTION FEES PAID TO HAIL POINT FOR SERVICES WITHIN THE PRIOR YEAR. THE LIMITATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUBSCRIBER AND HAIL POINT . THE CONTENT AND THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
4.13. INDEMNIFICATION. Subscriber shall indemnify and hold Hail Point harmless from any third party claim, expense, liability or damage arising out of or in connection with the Subscriber’s use of the Content or Service.
4.14. TERM AND TERMINATION.
4.15. ASSIGNMENT. Subscriber shall not assign or transfer its rights, or delegate its rights or responsibilities under this Agreement, without the prior written consent of Hail Point . Any purported assignment or delegation in violation of this Section shall be null and void and of no force or effect. Hail Point may assign this Agreement and/or payments due hereunder without requirement for Subscriber permission or approval.
4.16. GOVERNING LAW/ACTIONS. This Agreement shall be governed by and interpreted in accordance with the laws of the State of North Carolina, without giving effect to its conflicts of law provision. No action arising out of the license of the Content or otherwise under this Agreement may be brought by either party more than one year after the cause of action arises, except that an action for non-payment may be brought at any time within one year of the date of the last payment made hereunder.
4.17. ARBITRATION. Any dispute, controversy or claim arising out of or related to this Agreement or the breach thereof, shall be resolved by arbitration substantially in accordance with the Commercial Arbitration Rules of the American Arbitration Association, in Charlotte, North Carolina. Judgment upon any arbitration award may be entered into any court having jurisdiction, the parties hereby consenting to the jurisdiction of such courts for this purpose. Each party shall be entitled, under the supervision of the Arbitrator, to the amount of pre-arbitration discovery deemed reasonable by the Arbitrator. The discovery period shall not exceed sixty (60) days. The Arbitrator shall give full effect to Sections 9, 10 , 11, 12, 13 and 14 and shall not deviate therefrom.
4.19. NOTICES. Any notices required or permitted under this Agreement shall be in writing and shall be effective when delivered in person or sent by registered or certified mail (return receipt requested, with proper postage affixed) or by personal courier to the address set forth in this Agreement or any more recent address of which the sending party has been apprised.
4.20. AMENDMENT. No modification, amendment or other change in this Agreement shall be effective for any purpose unless specifically set forth in writing signed by the party to be bound thereby. Either party may at any time insist upon strict compliance with these terms and conditions notwithstanding any previous custom or practice to the contrary.
4.21. ENTIRE AGREEMENT. This Agreement and its Exhibits, which are attached hereto and incorporated herein, constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions of the parties.
4.22. BINDING EFFECT. This Agreement shall be binding upon both parties hereto, their respective heirs, personal representatives, successors, and assigns, and without limitation, any corporate successor by merger, consolidation or other corporate reorganization.
4.23. NO WAIVER. Neither party's failure to exercise any of its rights under this Agreement shall constitute or be deemed to constitute a waiver or forfeiture of such rights or of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
4.24. SEVERABILITY. If any term or provision of this Agreement is found to be invalid or unenforceable or illegal under applicable law, such provision shall be narrowly construed to such an extent as is necessary to make it enforceable or, if such narrow construction is not possible, deemed to be deleted with the validity or enforceability of the remainder of this Agreement not effected thereby.
5 ALL PURCHASES ARE FINAL, NON-REFUNDABLE. Chargebacks will be disputed and users may lose access to future service, as well as being place on a credit card blacklist.
6 ADDITIONAL RESTRICTIONS
Single User License: Accounts are limited to (1) user. Multiple users per account are prohibited, unless specifically authorized by The Service.
Exhibit A
Subscription charges vary based on the type of subscription region purchased. It will be clearly specified in the shopping cart at the time of purchase.
Exhibit B
Support contact information:
Email: info@hailpoint.com
