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Terms of use

  1. Introduction
  2. Acceptance of the Agreements
  3. Changes to the Terms
  4. Privacy Policy
  5. Rights granted
  6. Disclaimers
  7. User Guidelines
  8. Limitation on liabilities and remedies
  9. Right to limit sale of products
  10. Mandatory Arbitration
  11. Choice of law and venue
  12. Changes and shut-down of the Services
  13. Weatherman’s products
  14. Accuracy of billing and account information
  15. Third-party content and links
  16. Termination of the Agreements
  17. Entire agreement
  18. Severability and waiver
  19. Assignment
  20. Indemnification and release
  21. Copyright infringement
  22. Export control
  23. Apple specific terms
  24. Headings
  25. How to contact Weatherman

  1. Introduction

Welcome to Weatherman! Throughout these Terms of Use, references to “Weatherman,” “we,” or “us” refer to us, Weatherman LLC. Weatherman provides services through an e-commerce shopping site at weathermanumbrella.com and the Weatherman mobile app (Weatherman’s website, mobile applications, and online products and services are collectively referred to as the “Services”). 

These Terms of Use (“Terms”) are important. They govern your rights and obligations regarding Weatherman’s Services. These Terms are a binding agreement between you and Weatherman. You should therefore read these Terms carefully.  

Your privacy is important to us. Weatherman’s Privacy Policy describes the type of information we may collect from you hand how we use and treat that information. You can find a copy of Weatherman’s Privacy Policy here.

  1. Acceptance of the Agreements

By using Weatherman’s Services, you acknowledge that you have read and understood the Terms and Privacy Policy (together, the “Agreements”), accept the Agreements, and agree to be bound by them. If you do not agree to these Agreements (or cannot comply with them), then you are prohibited from and must not use the Services.

In order for you to use Weatherman’s Services you must (1) be 18 years or older, or 13 years or older with a parent’s or legal guardian’s consent, (2) be able to enter into a binding agreement with us and not be prohibited from doing so under applicable law, and (3) be a resident of the United States, a territory of the United States, or Canada.   If you do not meet these conditions, you must not use our Services. 

  1. Changes to the Terms

We may occasionally make changes to the Terms. When we make what we decide may be a material change, we will provide you with notice as we believe is appropriate under the circumstances. For example, we may send you an email notifying you of the change. In some cases, we may notify you in advance of the change. We will always post the latest version of Terms on our website. Your continued use of the Services after we make a change will constitute your acceptance of the changes. If you do not accept the changes, you should stop using our Services.   

  1. Privacy Policy

Personal information provided or collection through or in connection with the Services shall only be used in accordance with Weatherman’s Privacy Policy, which you can review here.

  1. Rights granted

Rights we grant you

The Weatherman Services and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Content”) are the property of Weatherman or its licensors and may be protected by copyright laws and other U.S. and international laws and treaties.  We grant you a limited, non-exclusive, revocable license to make use of the Services, and a limited, non-exclusive, revocable license to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until it is terminated by you or Weatherman. You agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Services or the Content.

The Services and Content are licensed, not sold, to you, and Weatherman and its licensors retain ownership of all copies of the Weatherman software applications and Content even after installation on your personal computers, mobile devices, tablets, and other devices.

All Weatherman trademarks, service marks, trade names, logos, domain names, and other representations or features of the Weatherman brand (the “Weatherman Brand”) are the sole property of Weatherman and its licensors. The Agreements do not grant you any rights to use any Weatherman Brand whether for commercial or non-commercial use.

You agree to abide by the User Guidelines, as set forth below, and not to use the Services, the Content, or any part thereof in a manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Weatherman grants no right, title, or interest to you in the Services or Content.  

User-generated content

Users of our Services may post, upload, or otherwise contribute certain content to the Service (which may include, for example, identifying or commenting on the weather conditions (“User Content”)). You promise that with respect to any User Content you contribute to Weatherman, you have the right to contribute such User Content.

Weatherman may, but has no obligation to and does not regularly, monitor, review, or edit User Content. Weatherman reserves the right to remove or delete any User Content for any or no reason. Removal or deletion of User Content is at Weatherman’s sole discretion.   

Rights that you grant Weatherman

In consideration for the rights granted to you, as set forth above, under the Agreements, you grant us the right to (1) allow Weatherman to use the processor, bandwidth, and storage hardware on your computer, mobile device, tablet, or other relevant device to provide its Services and (2) to access and use information from your computer, mobile device, tablet, or other relevant device pursuant to the terms of Weatherman’s Privacy Policy.

If you provide comments, feedback, ideas, or suggestions to Weatherman in connection with the Services, you acknowledge that such information is not confidential and you authorize Weatherman to use the information without restriction and without payment to you.

You grant Weatherman a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or if not permitted, a term equal to the duration of the Agreements plus twenty years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public, perform, display, publish, translate, modify, create derivative works from, and distribute any of you User Content in connection with the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method, or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in your User Content.    

  1. Disclaimers
We do not promise that the Services or any content, service or features of the Services will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Services will provide specific results. The Services and its content are delivered on an "as-is" and "as-available" basis.   We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.  All information provided on the Services is subject to change without notice.  We cannot ensure that any files or other data you download in connection with our Services will be free of viruses or contamination or destructive features.  We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.  You assume total responsibility for your use of our Services and any linked sites.  Your sole remedy against Weatherman for dissatisfaction with the Services or any content is to stop using the Services or any such content. This limitation of relief is a part of the bargain between the parties.

    The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

    You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

    We are not responsible if information made available on this site is not accurate, complete, or current. The material provided through our Services is for general entertainment purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information provided through our Services is at your own risk.

    1. User guidelines

    By using our Services you agree to abide by the guidelines we set forth below while using the Services. We reserve to prohibit or bar any of the foregoing activities, and the right to terminate your use of the Services for engaging in any of the prohibited conduct identified in this section.

    The following is not permitted for any reason whatsoever:

    • Reverse engineering, decompiling, disassembling, modifying, or creating derivative works based on the Services or Content, unless permissible by applicable law;
    • Collecting or assembling through any means, including bots, scrapers, and spiders, user data or information through Weatherman’s Services;
    • Circumventing or attempting to circumvent security measures that Weatherman has in place to protect its own and its users’ data and information;
    • Circumventing or attempting to circumvent any technology used by Weatherman or its licensors to protect the Services or its Content;
    • Circumventing any territorial restrictions applied by Weatherman or its licensors;
    • Attempting to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services;
    • Providing your password to any other person or using any other person’s username and password;
    • Posting copyrighted or otherwise protected materials on the Services that you do not have the rights to;
    • Submitting information that is intentionally false or misleading; or
    • Taking any action to disrupt, harm, or prevent the proper function of the Services or prevent others from using the Services.

    In addition, you may not use Weatherman’s Services or products for any of the following purposes:

    • For any illegal purpose;
    • To solicit others to perform or participate in any unlawful acts;
    • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including but not limited to copyright laws);
    • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
    • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    • To engage in activity that is offensive, abusive, defamatory, pornographic, threatening, or obscene;
    • To upload or transmit viruses or any other type of malicious code or code of a destructive nature that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
    • To collect or track the personal information of others;
    • To take any action that imposes an unreasonable or disproportionately large load on the Services;
    • To link to, reference, or otherwise promote commercial products or services, except as expressly authorized by Weatherman;
    • To engage in the transmission of unsolicited mailings or other forms of spam, junk mail, chain letters, or similar; or
    • For any purpose that conflicts with the Agreements, as determined by Weatherman.

    Your username and password protects your account, and you are responsible for keeping your password confidential and secure. You agree that you are responsible for all use of your username and password on the Services. If you believe your username or password is lost or stolen, please notify us immediately and change your password.

    1. Right to limit sale of products

    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We do not authorize the purchase of commercial quantities of our merchandise, and we reserve the right to cease doing business with persons that violate this policy.

    1. Limitation on remedies and liability

    You agree that to the extent permitted by law, your sole and exclusive remedy for any purported problems, issues, or failures with the Services is to stop using the Services. To the fullest extent permitted by law, you agree that Weatherman, its officers, employees, agents, directors, affiliates, successors, assigns, suppliers, and licensors shall not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits arising out of or related in any way to the Agreements or our Services, even if Weatherman has been advised of the possibility of such damages.

    The total liability of Weatherman, its officers, employees, agents, directors, affiliates, successors, assigns, suppliers, or licensors, regardless of the form of action, shall not exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of the Services paid in the six months prior to the date of the initial claim made against Weatherman (but not including the purchase price for any Weatherman hardware or software products or any support, service, or after-market warranty program, if any), or (2) $100.00 in U.S. currency.

    The limitations set forth in this section shall not apply for fraud, intentional misconduct, personal injury or death, or only where prohibited by law, gross negligence, or for any other matters in which liability cannot be excluded or limited under applicable law. Further, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. For example, the state of New Jersey may not enforce limitation or exclusion provisions in some circumstances.

    Any claim arising out of or related to the Agreements or your use of the Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that neither you nor Weatherman will have the right to assert such claim or receive any remedy for such claim. A claim arises when that claim could be first asserted in arbitration or courts of law. Claims that are made in connection with your purchase of our products or services are not subject to this one-year limitation.

    You and Weatherman agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class action or representative action. You and Weatherman further agree that a judge or arbitrator may not consolidate more than one person or entity’s claims. The arbitrator or judge may award injunction relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the individual party.

    1. Mandatory Arbitration Agreement

    All claims subject to arbitration

    You and Weatherman agree that any dispute, claim, or controversy between you and Weatherman arising out of or related to the Agreements or your use of the Services, whether based in tort, contract, or any other legal theory, is to be exclusively determined by mandatory binding individual arbitration before the American Arbitration Association. You and Weatherman further agree that arbitrator shall have the exclusive authority to rule on the arbitrability of any claim including any objections to the existence, scope, or validity of this Mandatory Arbitration agreement. This Mandatory Arbitration agreement survives termination of the Agreements.  

    Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Discovery may be more limited than discovery in court. Court review of an arbitration award is limited.

    Notwithstanding the foregoing, (1) either party may bring an individual action in state or federal court seeking only a temporary restraining order or preliminary injunction pending a final ruling from the arbitrator, and (2) either party may bring an individual action in a U.S. small claims court if such action qualifies for small claims court. Further, this Mandatory Arbitration agreement does not prevent you or us from notifying local, state, or federal agencies or authorities, who could seek relief against you or us on the other’s behalf.    

    Arbitration rules

    The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

     

    1. Choice of law and venue

    Any dispute or claims arising out of or in connection with the Agreements or your use of the Services are subject to the laws of the state of New York without regard to choice of or conflicts of law principles. This provision does not apply to New Jersey residents to the extent that your rights as a New Jersey consumer are required by New Jersey law to be governed under New Jersey law.

    To the extent any claims between you and Weatherman are determined not to be subject to arbitration, pursuant to Section 10, you agree to the exclusive jurisdiction of the state and federal courts located within New York County, New York for any action or legal proceeding commenced by any party, and you irrevocably waive any objection you may have with respect to such jurisdiction.   To the extent New Jersey would not enforce this provision, this provision does not apply to residents of New Jersey.

    1. Changes and shut-down of the Services

    We reserve the right to modify, suspend, interrupt, or terminate operation of or access to the Services, or any portion of the Services, for any or no reason, at any time, and without notice.

    1. Weatherman’s products offered through the Services

    We may make changes to our products and services, including to the prices for any such products or services, at any time, without notice. The materials on our Services with respect to products and services may be out of date, and we make no commitment to update the materials on our Services.

    Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

    We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

    We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

    Our obligations, if any, with regard to products and services are governed solely by the agreements pursuant to which they are provided, and nothing on our Services should be construed to alter such agreements.

    1. Accuracy of your billing and account information

    You agree to provide current, complete, and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

    You are solely responsible for any activity on your account.  If you are sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity.  If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Agreements on behalf of the business.  In addition, your accounts are not transferable.

    For more detail, please review our Returns Policy.


    1. Third-party content and links

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Weatherman is in no way responsible for the content of any site owned by a third party that be linked to the Services via hyperlink, whether or not such hyperlink is provided by us or by a third party. Any link on our services to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which our Services may link, and we take no responsibility thereof.

    You agree that we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

    1. Termination of the Agreements

    The Agreements are in effect unless and until terminated by either you or us. You may terminate the Agreements at any time by notifying us. Weatherman may terminate the Agreements with you or your access to the Services at any time and for any reason permitted by law, including for the failure of you to abide by the terms of the Agreements, as determined by us in our sole discretion.

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


    1. Entire agreement

    However, other aspects of your use of the Services may be governed by additional agreements. For example, you may be presented with separate offers or promotions from Weatherman. When you are presented with an offer or promotion, you may be presented with additional terms to which you can agree. To the extent there is an irreconcilable conflict between any additional terms and the terms of the Agreements, the additional terms shall apply.


    1. Severability and waiver
    Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid, void, or unenforceable for any reason or to any extent, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements. If any of the provisions of the Agreements are held by a court, arbitrator, or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Agreements, so that these Agreements shall remain in full force and effect. Further, the failure of us to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision.

     

    1. Assignment

    Weatherman may assign the Agreements or any part of them, and Weatherman may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them. Nor may you transfer or sub-license your rights under the Agreements to anyone else.

    1. Indemnification and release

    To the fullest extent permitted by applicable law, you agree to indemnify and hold Weatherman harmless from and against all damages, losses, and expenses of any kind (including attorneys’ fees and costs) arising out of any activity related to your use of the Services or your breach of the Agreements. To the extent some jurisdictions, such as New Jersey, may not enforce this indemnification provision in some circumstances, this provision does not apply to New Jersey residents.

    If you have a dispute with one or more users, you release Weatherman, its subsidiaries, affiliates, partners, and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors, and assigns from claims, demands, and damages (actual and consequential) of every kind and natures, known and unknown, arising out of or in any way connected with such disputes.

    1. Copyright infringement

    If you know or suspect that any of the materials on the Services have been used or copied in a way that could constitute copyright infringement, please send notice to Weatherman at help@weathermanumbrella.com.

    1. Export Control
    You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users.  You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered through our Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

    1. Apple Specific Terms
    If you use the Services on an Apple device, then you acknowledge and agree that:
    • The Agreements are between you and Weatherman. Apple Inc. owes no duties or obligations to you under the Terms, including that Apple is not responsible for maintenance or support of the Services.
    • You may only use the Weatherman iOS Apps for your personal, non-commercial purposes and only on an Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
    • You waive any and all claims against Apple Inc. regarding the Terms or the Services, including any third-party product liability claims, claims that the Services fail to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. In the event of a failure of the Services to conform with any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for our App to you; Apple has no other warranty obligation with respect to the Services to the extent permitted by law.
    • Apple Inc. and its subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.  

    1. Headings

    The headings of the sections of the Agreements are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Agreements.

    1. How to contact Weatherman

    Questions about the Agreements should be sent to us at help@weathermanumbrella.com or the following address:

    Weatherman, LLC
    109 S 5th St
    Brooklyn, NY 11249
    United States