1 Acceptance of Terms.
1.2 Hunter may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.hydrawise.com/terms-and-conditions. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
2 Description of Service.
The “Service” includes (a) the Site, (b) access to Weather Station content made available via the Site, other tools and services provided through the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via any Hunter API’s (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
3 General Conditions/ Access and Use of the Service.
3.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for Your Hunter controller unit. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Hunter. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Hunter, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person Ð a single login shared by multiple people is not permitted.
3.4 Hunter reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.
3.5 You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Hunter’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Hunter will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.
3.6 The failure of Hunter to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Hunter, even though it is electronic and is not physically signed by You and Hunter, and it governs Your use of the Service and takes the place of any prior agreements between You and Hunter.
4 Intellectual Property.
Hunter owns all rights, title, and interest in and to all intellectual property rights in the Service and Site. Nothing in this TOS conveys to You any rights or ownership in the Service or Site or any intellectual property rights in connection therewith. Any rights not expressly granted herein are reserved Hunter. Further, You shall not use any information, data, code, software, or other materials provided or made available by Hunter, its employees, officers, agents, or affiliates, to (a) create any software or documentation that is similar to any software or documentation of Licensor, (b) disassemble, decompile, reverse engineer or otherwise try to discover any source code or underlying structures, ideas or algorithms of the Service or Software (except and only to the extent these restrictions are expressly prohibited by applicable statutory law), (c) copy, adapt, merge, create derivative works of, translate, localize, port or otherwise modify any Software or Service, (e) permit any third party to engage in any of the foregoing proscribed acts. You also shall not use the Service for the benefit of any third party without Hunter’s prior express written consent, at its discretion. Hunter and Hunter’s various logos are trademarks of Hunter and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Hunter’s products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
5 Payment and Refunds.
5.1 Trials and Payments. The Service is made available on a pay-as-you-go basis and is charged at the start of each annual subscription term. If Your yearly subscription payment is not successful for any reason (including cancellation) Your account will be suspended and can only be reactivated by submitting Your credit card information. When your account is suspended access to all Content and configuration via the Site is disabled.
5.2 Price Changes. The prices of all Hunter Services are subject to change upon 30 days notice from us. Such notice may be provided at any time. Price changes will take affect at Your next annual subscription anniversary.
6 Cancellation and Termination.
6.1 Hunter reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Hunter believes that You have violated these TOS. Hunter will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Hunter shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
7 DISCLAIMER OF WARRANTIES.
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND HUNTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT HUNTER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM HUNTER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
8 LIMITATION OF LIABILITY.
8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HUNTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, HUNTER SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
8.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, Hunter’s LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Hunter may assign or transfer this TOS, in whole or in part, without restriction.
10 Export Compliance.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
11 Governing Law.
These TOS shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without regard for any choice of law principles of any jurisdiction or conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of San Diego, California for the purpose of resolving any dispute relating to Your access to or use of the Service.
You shall defend, indemnify, and hold Hunter harmless, under from and against any and all claims asserted by a third party against Hunter to the extent such a claim is based on Your use of the Service, directly or indirectly.
Any failure to exercise or delay in exercising any right, power or privilege herein contained, or any failure or delay at any time to require the other party’s performance of any obligation under this TOS, shall not affect the right to subsequently exercise that right, power or privilege, or to require performance of that obligation. A waiver of any of the provisions of this Agreement shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. A waiver shall not be binding unless executed in writing by the party making the waiver.